Theories of punishment Flashcards
(30 cards)
What is punishment?
The infliction or imposition of a penalty as retribution for an offence
Who are Jordan Blackshaw (21) and Perry Sutcliffe-Keenan(22)?
Appeals by two men jailed for using Facebook to try to incite disorder during August’s riots in England have been rejected by the Court of Appeal.
What is revenge?
Vengeful feelings
Not necessarily a response to a breach of law or code of conduct
Amanda Hutton convicted in the case of Hamzah Khan
Manslaughter after neglecting her son who died from malnutrition; sentenced to 15 years
Factors considered as mitigating circumstances in Amanda Hutton’s case?
alcohol addiction and mental health issues
mitigating circumstances: factors that lessen the severity of a situation, action, or punishment
7 features of punishment (Walker 1991)
- Unwelcome – Something unpleasant is inflicted.
- Intentional – Done deliberately for a reason.
- Authority – Ordered by someone with the right to do so.
- Infringement – Caused by breaking a rule, law, or custom.
- Voluntary – Person punished acted willingly.
- Justified – There’s a reason that justifies the punishment.
- Purposeful- punisher intends the outcome
Psychological perspective
Behavirousm: two types of punishment
positive: add something unpleasant
negative: remove something desirable
Why punish?
- protect society
- prevent future offeding
- rehabilitation
- deterrence (discouraging an action or event through instilling doubt or fear of the consequences)
Which type of sentence is associated with higher re-offending rates?
Short-term custody (<12 months) is linked to higher re-offending rates
What percentage of young offenders reoffended within one year after caution, non-custodial conviction, or release?
37.9% (13,700 young people).
What number and percentage of sentences were community orders in England and Wales?
99,013 (9%.)
What number and percentage of sentences were suspended sentence orders?
45,628 (4%)
What number and percentage of sentences were short-term custody?
90,459 (8%.)
ccording to the Ministry of Justice, what percentage of convicted adult men are sent to prison for burglary and rape?
Around 80% for burglary and 99% for rape.
What is retribution as a theory of punishment?
the harm done to society by an offender should be counterbalanced by proportionate punishment
Maintains that punishment is a ‘deserved’ consequence of an earlier behaviour
Who should suffer in retributive punishment?
Only the offender
According to retribution, what is society’s role in punishment?
Punishing offenders is seen as a moral duty of all.
Utilitarian theory of punishment
Punishment is justified
by its anticipated future consequences
common good
Name 3 key functions of punishment in utilitarian theory
Reduction of frequency with which people infringe the laws and rules which make for contended society
deterring offenders from offending
putting the offender where they cant offend again
How does utilitarian punishment serve society overall?
greatest good for the greatest number of people
Is it acceptable under utilitarian theory if others suffer as a result of punishment?
Yes, if it leads to the greatest overall benefit for society
How does deterrence justify sentencing
People are deterred from actions when they refrain from them because they dislike what they believe to be the possible consequences of those actions
What is indivifual deterrence?
the deterrence of convicted offendders from re-offending
What is general deterrence (Lewis, 1986)
“the inhibiting effect of sanctions on the criminal activity of people other than the sanctioned offender”
