AC2.2 Discuss the aims of punishment Flashcards
(28 cards)
What does retribution mean?
This literally means ‘payback’. Inflicting punishment on an offender as revenge for a criminal act. They get their just desert. For example, murdering someone would lead to a life imprisonment sentence.
What is retribution about satisfying?
The moral outrage of society, not for deterrence or rehabilitation, it is about punishing people.
What is Right realists rational choice?
It is where they believe that people way out the rewards and consequences of a crime and make a decision on if the reward is worth risking the consequence.
What are the criticisms of retribution?
It can be argued that offenders deserve forgiveness, mercy, or a chance to make amends, not just punishments
If there can be fixed tariffs and penalties, punishment must be inflicted even if no good will come of it
Who decides what is proportional for each crime. We know from our studies of moral crime that people have very different opinions on what constitutes serious crime.
What is rehabilitation?
Idea the idea that punishment can be used to reform or change offenders so they no longer offend and can go on to live a crime-free life. They do this by addressing the issues which led to the behavior in the first place.
What do the rehabilitation policies include?
Education and training programmes
Anger management courses
Drug treatment and testing orders
What theories favour CBT?
Eysencks personality theory favours the use of CBT to deter offending behaviour
Skinners operant conditioning supports the use of token economies to encourage prisoners to produce more acceptable behaviour.
What sociological theory favour rehabilitation?
They regard social factors such as employment. poverty, and poor educational opportunities as causes of crime- addressing these needs will help offending.
What are the criticisms of rehabilitation?
Right realists argue rehab only has limited success, and point out that many offenders go on to reoffend despite having been through rehab.
Marxists criticise rehab for shifting the responsibility for offending onto the individual rather than focusing on how capitalism has led to commit crime.
What does individual deterrence mean?
When we punish someone for a crime we are hoping that the punishment will stop that person from reoffending
What is an example of individual deterrence?
Margaret Thatcher’s ‘short, sharp, shock’ which was where younger offenders institution was based on this principle- if we make it a hideous experience then they will not repeat the behaviour, marching, rigorous discipline, uniformity, like the army, strict, regimented.
What is general deterrence?
Making an example of someone so that it puts other people off- deters general population
What is an example of general deterrence?
Harsh prison sentences
Why do right realists favour deterrence?
Because their focus is on rational choice theory- if people see harsh punishments, less likely to make the choice to commit crime.
Why would social learning theorists be in favour of deterrence?
If potential offenders see a ‘model’ being punished for offending they will be less likely to intimate behaviour.
What are 3 criticisms of deterrence?
Around half of all offenders reoffend within a year of leaving prison suggests that individual deterrence does not work.
Deterrence assumes would-be offenders know what the penalties are, but they might not
Deterrence assumes a rational choice to offend, but sometimes the behaviour may be a rash action based on emotion and penalties are not considered until afterwards
What is incapacitation?
Protecting the public by stopping the offender from repeating their actions
What is the main form on incapacitation?
Prisons- taking offenders out of circulation prevents them from committing further crimes against the public. It has influenced sentencing laws.
What mandatory minimum jail sentences did the Crime (sentences) Act 1997 introduce?
Automatic life sentences for a 2nd serious sexual assault or violent offence
7 years minimum for 3rd class A drug trafficking offence
3 years minimum for a 3rd domestic burglary offence
What did the Criminal Justice Act (2003) introduce?
The idea of imprisonment for public protection. This allowed courts to give a sentence with no fixed release date to a dangerous offender.
What would biological theorists believe about incapacitation?
That incapacitation is the only way of reducing their impact on society.
Why do right realists agree with incapacitation?
They see a small number of persistent offenders who have not been socialised properly and/or have biological differences as being responsible for the majority of crime.
What are three criticisms of incapacitation?
Incapacitation does nothing to deal with the causes of crime or rehabilitate offenders
Under laws introduced under this aim, prisoners are re-punished for previous crimes
Unjust- automatically assumes that a person will reoffend in the future
What does reparation involve?
Compensating the victim of crime in some way, but also includes making reparation with society in general in some way.
