Theories of Punishment Flashcards
(5 cards)
Retribution
Definition: Retribution focuses on the importance of punishing an offender whereas other theories believe that offenders should be cured of their offending behaviour.
Why is it used?: Theorists eg functionalist Emile Durkheim, argue that punishments reinforce social regulation, retributive punishments reaffirm the boundaries of acceptable behaviour - it gives justice to victims
Example: The whole life sentence imposed on Wayne Couzens in 2021 for the murder of Sarah Everard, was met with widespread public support due to the view that ‘life should mean life’.
Counterargument: The charity ‘Clink’ (English & Welsh prisons) which offers training and qualifications in catering and horticulture & offers support with securing accommodation upon release. Prisoners who work with Clink are 49.6% less likely to reoffend upon release. Restorative Justice programmes, are deemed successful as they result in a 14% reduced rate of reoffending.
International Comparison: US - 2.3 million incarcerated prisoners in 2020. Average length of prison sentence is 2.6 years compared to 18 months in England and Wales. 1/7 US prisoners are serving a life sentence. 60,000 US prisoners are in solitary confinement (Norway) Governor of maximum-security Halden prison, states ‘If we treat inmates like animals in prison, then we will release animals on to your street’. Norwegian prisons, offer support including education programmes, employment training and counselling programmes. Reoffending rate after 5 years is 20% in Norway compared to 76% in the US.
Deterrence
Definition:
Why is it used?:
Example:
Counter argument:
International Comparison:
Denunciation
Definition: The public condemnation or disapproval of an offender’s behaviour.
Why is it used?: We shun those who have committed offences and today’s denunciation usually comes in our media coverage of those who have done wrong and in our labelling of people with convictions.
Example: Recent headlines in the Express “Softtouch justice setting lifers free”, The Herald “There cannot be justice or retribution if a life sentence does not mean life” and The Daily Record “Evil child killer Aaron Campbell will think he’s beaten system”, - our media reports in a way that is about denouncing offenders and denouncing the system that does not treat them harshly enough.
Counter argument: The Howard League for Penal Reform has argued that focusing too heavily on denunciation can reduce the justice system to “spectacle punishment,” which may dehumanise offenders without addressing their rehabilitation.
International Comparison: Norway’s prison system treats inmates with dignity, avoiding measures intended to “send a message.” Norway boasts some of the lowest recidivism rates in the world, suggesting the ineffectiveness of denunciation.
Rehabilitation
Definition: The idea that the purpose of punishment is to treat an offender so that they can return to society and function as a law-abiding citizen.
Why is it used?: Bentham, a utilitarian, argued that individuals have the power to choose their own actions, and can change their behaviour. He believed that changing people’s behaviour was the purpose of punishment ― and would therefore support the view that rehabilitation is the main purpose of punishment.
Example: The charity ‘Clink’ (English & Welsh prisons) which offers training and qualifications in catering and horticulture & offers support with securing accommodation upon release. Prisoners who work with Clink are 49.6% less likely to reoffend upon release. Restorative Justice programmes, are deemed successful as they result in a 14% reduced rate of reoffending.
Counter argument: Public outcry in cases where serious offenders receive what are perceived as lenient sentences in the name of rehabilitation eg the early release and rehabilitation-focused sentencing of John Worboys (the “black cab rapist”).
International Comparison: US - 2.3 million incarcerated prisoners in 2020. Average length of prison sentence is 2.6 years compared to 18 months in England and Wales. 1/7 US prisoners are serving a life sentence. 60,000 US prisoners are in solitary confinement (Norway) Governor of maximum-security Halden prison, states ‘If we treat inmates like animals in prison, then we will release animals on to your street’. Norwegian prisons, offer support including education programmes, employment training and counselling programmes. Reoffending rate after 5 years is 20% in Norway compared to 76% in the US.
Incapacitation
Definition: Restricting an offender’s ability to commit further crimes, often by depriving them of their liberty eg prison
Why is it used?: Incapacitation aims to prevent future crimes by taking away the offender’s ability to commit offences.
Example: 1995-2010, the UK prison population increased by over 40%, during the same period, overall crime rates fell by nearly 50%, according to the Crime Survey for England and Wales, which some criminologists attributed to incapacitation of criminals
Counter argument: In Scotland, the 2019 prison population stands at more than 8000, up from 7400 the previous year, and the reality is that incapacitation only seems to work for a short time.
International Comparison: 19 prisons in the Netherlands have closed because they did not have enough prisoners to fill them. This has been put down to relaxed drug laws, a focus on rehabilitation over punishment, and an electronic ankle monitoring system that allows people to re-enter the workforce.
