LO2 - AC 2.2 Flashcards
(33 cards)
What is the Definition of retribution ?
An expression of society’s outrage at crime
What is the key idea of retribution ?
- Offenders should get their just desserts
- Offenders should suffer for breaching the moral code of society
- The punishments given to offenders should fit the crime e.g. “life for a life”
- Leading to a tariff system, different penalties for different punishments
What is the purpose of retribution ?
- May deter offenders but not main aim
- It’s purpose is for society to express its moral outrage
- Punishment is morally good, regardless of whether it changes the offenders future behaviour
- retribution justifies the punishments for crimes already committed-not a means of preventing future crimes
What are Criticisms of retribution ?
- Can be argued that offenders deserve forgiveness
- If there is a fixed tariff of penalties, discretion cannot be used
- There will be disagreement on which crimes are seen as more serious than others
How does right realism link to retribution ?
- Retribution assumes that fenders are rational actors - making the conscious choice to commit a crime
- Responsible for their actions
- Punishment is justified because they made an active choice to break a moral code
How does Functionalism link to retribution ?
- The moral outrage expressed through retribution performs the function of boundary maintenance. It reminds people of what is right and wrong
What is the definition of rehabilitation ?
- Making offenders change their behaviour
What are key ideas of rehabilitation ?
- Punishment will help to change offenders so they can go on to have a crime-free life
- This does not punish past offences but uses a variety of treatment programmes to change the future behaviours of the offenders
- Also addresses the issues that led to their offending
What are rehabilitation policies ?
- Education and training programmes: improve employability, giving them skills
- Anger management courses: Offenders will learn to manage their anger
- Drug treatment and testing orders
- Support
What are criticisms of rehabilitation ?
- Right Realists: Argue rehabilitation has limited success, reoffending rates are high despite prisoners completing these programmes
- Marxists: These programmes shift the blame onto the individual offender and their failings. Real cause is capitalism.
How do individualistic theories link to rehabilitation ?
They see rehabilitation as the main aim of punishment. Ways of changing behaviour include;
- Cognitive theories: CBT- cognitive behavioural therapy teaches offenders to correct their thinking errors and biases that may have led them into crime.
- Eysenck’s Personality theory: This favours the use of aversion therapy to deter offending behaviour.
- Skinner’s operant learning theory: Supports the use of token economies to encourages offenders in prison to reward more acceptable behaviour.
How does left realism link to rehabilitation ?
- Favours rehabilitation as it may present an opportunity to address the social causes of crime
- They believe the causes of crime are connected to poverty, unemployment and a lack of education opportunity. If offenders are given skills they’re less likely to reoffend
What is the definition of Deterrence ?
- Discourages future offending
What is the key idea of deterrence ?
- To deter someone from doing something is to put them off doing it
- The fear of being caught and punished may deter people from committing crime
- Deterrence can be individual or general
What is the key idea of individual deterrence ?
- This uses punishment to deter an individual from reoffending
- Punishment may convince the offender that it is not worth repeating the experience
What is the key idea of General Deterrence ?
- Deters society in general from breaking the law
- Punishment teaches everyone a lesson : if the public see how an offender is punished they will see what they will also suffer if they commit a crime
- Previously achieved through public execution
- Today the media will inform us about the costs of offending
What is General deterrence severity vs certainly ?
- It is important to distinguish between the severity of punishments and the certainty punishment
- A severe punishment will only be a successful deterrent where the offenders is likely to be caught
- A mild punishment may be more effective where the offenders have a greater chance of being caught
How does Right Realism link to Deterrence ?
- Rational Choice theory: This see individuals as rational actors who weigh up the costs and benefits of committing a crime. Severe punishments increases costs and so will does will deter
- Situational crime prevention: Target hardening e.g. locks on doors makes it more difficult for the offender and so they will abandon the target
How does social learning theory link to deterrence ?
- This explains general deterrence
- If a potential offender sees a model being punished for an offence they are less likely to imitate this behaviour
What are criticisms of deterrence ?
- Boot Camps in the USA and Short, sharp, shock in Uk were not very successful
- Prison is not an effective deterrent- around 50% of all prisoners re offended within a year of release
- Hope do we decide how severe a punishment needs to be to be able to deter the offender
- It assumes the potential offenders are aware of the risks (not always the case)
- Ignores that acts can be irrational
What is public protection ?
It involves protecting the public from offenders
What is incapacitation ?
It removes the offenders physical capacity/ability to commit more crimes
- execution
- Cutting off hands to prevent stealing
- Chemical Castration
- Foreign Travel bans
- Curfews, Tagging
What is imprisonment ?
- This is part of the claim that prison works - it takes offenders out of circulation. This has influenced sentencing laws
How has the crime sentences Act 1997 influenced imprisonment
Introduced mandatory minimum jail sentences for repeat offenders;
- Automatic life sentence for a second serious sexual or violent offence
- 7 years minimum for a third class A drug trafficking offence
- 3 year minimum for a third domestic burglary conviction
