theories of punishment - ADV MODS

Question 1

possible essay titles

Answer 1

“rehabilitation is more beneficial to society than punishment” discuss
“the best response to criminal behaviour is to be tough” discuss
“punishment can only be justified if it deters further crimes” discuss
“the best response to crime is to be tough” discuss

Question 2

paragraph 1: focus on rehabilitative approach
point

Answer 2

there is a lot of disagreement in society about the best response to crime and what works-

evidence shows that when punishment is focussed on helping the offender it is most successful.

Question 3

paragraph 1: focus on rehabilitative approach
explain

Answer 3

there is disagreement often over what effective rehabilitation looks like-

in the past there was emphasis on medical rehabilitation with a focus on the role of psychologists etc.

however, the most effective systems take a therapeutic rehabilitation approach which is more about re-equipping offenders for when they rejoin society.

Question 4

paragraph 1: focus on rehabilitative approach
example

Answer 4

this effective approach is somewhat evident in the uk, especially in England, where a prisoners work placement programme has cut reoffending rates by 95% amongst prisoners that experience this approach.

now being introduced more to Scotland.

Question 5

paragraph 1: focus on rehabilitative approach
international comparison

Answer 5

some state prisons in the usa, such as Oregon state correctional institution has also focussed on re-equipping offenders

by training inmates to build computers from scratch.
- a skill that could make them very employable when they leave prison.

Question 6

paragraph 1: focus on rehabilitative approach
analysis

Answer 6

both show that by helping up-skill offenders, this could lesson the economic impact of punishment

and could result in less offending moving forwards as a lot of offences recorded in both countries are committed by people who have already been through the justice system.

Question 7

paragraph 1: focus on rehabilitative approach
evaluation

Answer 7

although the evidence shows that the rehabilitative approach does work -

there are many groups that need to experience a more consistent approach to this form of punishment

evidence of gender stereotyping still taking place in prisons -
women being offered more hair/beauty vocational courses

more focus on female offenders is required.

Question 8

paragraph 1: focus on rehabilitative approach
line of argument

Answer 8

while there are improvements to be made-

it is clear that adopting a more rehabilitative approach is the most beneficial.

Question 9

Paragraph 2: focus on retributivism
point

Answer 9

undoubtedly being supportive and proportional is much more effective when punishing offenders,

but there are many in the uk who feel punishment must be tough to be effective.

Question 10

Paragraph 2: focus on retributivism
explain

Answer 10

linked to Hobbes’ theory about the social contract,

some believe that those who have broken the law have broken this social contract and therefore must be punished in the strongest way possible, in order to prevent crimes of others and reoffending.

if punishment is not tough then how can we expect the rest of society to continue to follow the rules?

Question 11

Paragraph 2: focus on retributivism
example

Answer 11

this is the viewpoint that is arguably adopted by many in the uk-

with around 80% of victims, police and the general public agreeing that sentencing needs to be tougher, according to a recent poll.

Question 12

Paragraph 2: focus on retributivism
international comparison

Answer 12

a tougher approach is evident in the usa where the death penalty is used in a number of states,

this is arguably the toughest response to crime, however crime rates in the usa remain high.

Question 13

Paragraph 2: focus on retributivism
analysis

Answer 13

it is clear in the uk there is a sense amongst the public that being tough is needed when punishing,

however the example of the usa shows that being tough does not ultimately mean an effective punishment.

Question 14

Paragraph 2: focus on retributivism
evaluation

Answer 14

an alternative approach to this could be denunciation,

which combines tough punishment but is also more focussed on being proportional
- there is a lack of international evidence of this in practice.

Question 15

Paragraph 2: focus on retributivism
line of argument

Answer 15

while many in the uk may believe being tough is the best response-

the evidence internationally proves this is not the case and being supportive is more important.

Question 16

Paragraph 3: focus on deterrence
point

Answer 16

being supportive and proportional is clearly the most effective response but punishment must also deter.

Question 17

Paragraph 3: focus on deterrence
explain

Answer 17

Hobbes stresses that we have entered into a social contract and therefore have agreed to allow the state to punish us when the law is broken,

yet Beccaria adds to this that punishment will only be effective in deterring when it is proportional.

this approach is somewhat evident and effective in Scotland.

Question 18

Paragraph 3: focus on deterrence
example

Answer 18

Scotlands fine system works on proportionality in that there are various levels of fines and therefore the fine will be determined by the crime,

for example a level 1 fine will start from £200 whilst a level 5 fine starts upwards from £5,000.

Question 19

Paragraph 3: focus on deterrence
international comparison

Answer 19

Iran takes a very different approach in its efforts to deter crime,

with the use of caning, however Iran has a murder rate 3 times the uk’s.

Question 20

Paragraph 3: focus on deterrence
analysis

Answer 20

shows that there is different approaches to deterrence and

Scotland has a system much more focused on proportional punishment than Iran,
which could explain its lower crime rate.

Question 21

Paragraph 3: focus on deterrence
evaluation

Answer 21

clearly, this shows that where disproportionate punishment is used, crime does not lower.

arguably this tough approach to punishment in Iran is not working, and therefore it is important that punishment is always proportionate.

Question 22

Paragraph 3: focus on deterrence
line of argument

Answer 22

in order for punishment to work to help reduce crime, it must be proportionate and supportive.

Question 23

Paragraph 4: focus on incapacitation
point

Answer 23

it has been shown that just adopting a tough approach is not the answer and that punishment must be supportive and proportional to be effective.

some however, focus on punishment’s ability to incapacitate.

Question 24

Paragraph 4: focus on incapacitation
explain

Answer 24

for a long time in the uk there has been the stance that prison is the tough approach that incapacitate’s the offender.

this is no longer evident in the prison system, where crimes are likely to still occur both within prison and the wider society.

also, the vast cost of prison means money is being diverted away from key areas that might help tackle the root cause and help rehabilitate offenders.

Question 25

Paragraph 4: focus on incapacitation
example

Answer 25

evidence that shows the tough approach of simply sending offenders to prison does not work,

is that Tarling (1993) claimed that in order to reduce the overall crime rate by 1% there needed to be a massive 25% rise in the prison population.

Question 26

Paragraph 4: focus on incapacitation
international comparison

Answer 26

the USA adopts an even tougher approach in addition to simply sending people to prison -

its “three main strikes policy” sees minor offenders sent to prison on their 3rd crime, resulting in many being imprisoned for a very long time for minor offences.

this has not helped reduce crime rates.

Question 27

Paragraph 4: focus on incapacitation
analysis

Answer 27

both show that punishment that is mainly ir solely focused on incapacitation is not effective in reducing crime and will not result in rehabilitated offenders.

crime rates do not simply go down when more are imprisoned or punished harshly.

Question 28

Paragraph 4: focus on incapacitation
evaluation

Answer 28

however, some would claim that the res in prison population across the uk has also seen a marked drop in crime.

nonetheless, with regards to these statistics, correlation does not mean causation.

Question 29

Paragraph 4: focus on incapacitation
line of argument

Answer 29

this shows punishment that is not focused on supporting the offender and being proportional does not work effectively.

Question 30

conclusion:
restate LOA
strongest reason/factor
strongest evaluation
another reason
insightful comment

Answer 30

punishment can only be truly effective when it is supportive of the offender and is proportional.

rehabilitation is proven to both work in the uk and in other countries- if an offender is supported to upskill and become a more active member of society they will not reoffend. - this is where a lot of crime comes from.

there are many around the uk who are extremely supportive of being tougher- when the social contract is broken we have agreed to be punished.

nonetheless, countries that use the toughest approaches do not see lower crime rates than elsewhere.

in order to truly tackle crime across the country, reoffending must be tackled and being more rehabilitative will achieve this, societies with lower crime rates adopt a much more supportive approach in all aspects of society- not just punishment - the uk should take note of this and act.