Unit4 2.2 Flashcards
What is the aims of sentencing
- Punishment – Making the offender suffer for the crime (retribution).
- Deterrence – Stopping the offender (and others) from committing crimes.
- Rehabilitation – Reforming the offender’s behaviour.
- Protection of the public – Keeping dangerous offenders away from society.
- Reparation – Offender makes amends to the victim or society (e.g. community service, compensation).
Aims of punishment- retribution and what does it link to?
Retribution – Offenders deserve punishment for breaking the law.
• Based on public revulsion and revenge – justice for society and the victim.
• Focuses on fairness and proportionality – “just desserts.”
• Doesn’t aim to change behaviour or prevent future crime.
• Sentencing Council supports it through punishment guidelines.
• Right Realists favour it – punishment should fit the crime, no excuses.
Aims of punishment- rehabilitation and what does it link to?
Rehabilitation – Aim is to reform offenders and help them reintegrate into society.
• Forward-looking – hopes to change future behaviour.
• Based on idea that offenders can choose to change.
• Seen in community sentences (e.g. unpaid work, probation, training).
• Linked to individualistic theories – e.g. behavioural treatments like anger management to change negative behaviour.
Aim of punishment-deterrence and what does it link to?
Deterrence – Aim is to discourage crime through fear of punishment.
Types:
• Individual deterrence – prevents the same offender from reoffending
• E.g. suspended sentence – warns offender without immediate prison
• Links to Social Learning Theory – prison may reinforce crime through peer influence
• General deterrence – warns society not to commit crime
• Less effective since it punishes one person to influence others
Links to:
• Right realism & rational choice theory – people weigh up risks
• Marxism – punishment used to control working class, not truly deter
• Social Learning Theory – offenders may learn more crime in prison
Aim of punishment-public protection or incapacitation and what does it to?
Public Protection / Incapacitation – Aim is to protect society by restricting the offender’s freedom.
• Punishment serves a social purpose: keeping dangerous individuals away
• Examples: long prison sentences, curfews, electronic tagging
• Stops offenders from committing further crimes while restricted
Links to:
• Right realism – supports strict control as social constraints are weak
• Belief that stronger punishments reduce crime and protect society
Aim of punishment-reparation and what does it link to?
Reparation – Aim is to make the offender repair the harm done to the victim or society.
• Often involves compensation payments to victims
• Can include unpaid community work (e.g. through community orders)
• Restorative justice – offender apologises, meets victim, or repairs damage
• Helps offenders understand the impact of their actions
Links to:
• Left realism – supports reparation as a practical way to reduce crime and promote fairness
• Encourages long-term change and a more caring society
Aim of punishment-denunciation and what does it link to?
Denunciation – Aim is to express society’s disapproval and reinforce moral boundaries.
• Shows certain behaviours are unacceptable (e.g. smoking laws changing over time)
• Reinforces social norms and ethics – helps maintain social order
• Sends a message to both the offender and society
• Linked to boundary maintenance – defines what is right/wrong
Links to:
• Functionalism (Durkheim) – punishment strengthens social cohesion
• Labelling theory – labelling offenders may lead to a self-fulfilling prophecy, increasing crime
What is retribution?
Aiming to punish an offender to the level that is deserved
What is rehabilitation?
Aiming to alter the offenders mindset so that future reoffending can be prevented
What is deterrence?
Aims to dissuade an offender or anyone in society from committing a crime through the fear of punishment
What is incapacitation?
Sentence of the court to provide further offending it could include a term of imprisonment
What is reparation?
Aiming to ensure the defendant pays back to the victim or society for the wrongdoing
What is denunciation?
Aim to show offenders that society disapproves of their behaviour and that it is an unacceptable conduct
