(2) AC 2.2 - Discuss The Aims Of Punishment

Question 1

Aims of punishment

Answer 1

Retribution
Rehabilitation
Deterrence : prevention of people reoffending, deterring others from committing similar crimes
Public protection
Reparation

Question 2

Who gives out a punishment?

Answer 2

Judge - unlimited powers, but restricted by the sentence the offence carries (theft =7 years)
Magistrate - limited powers, 1 offence = 12 months prison and/or £5000 fine, 2 or more offences = 12 months in prison and/or £10000 fine.

Question 3

Definition of sentencing.

Answer 3

We punish because S.142 Criminal Justice Act 2003 states:
‘The punishment of offenders; the reduction of crime (including its reduction by deterrence); the reform and rehabilitation of offenders; the protection of the public; and the making of reparation by offenders to persons affected by their offence.’

Question 4

Definition of retribution

Answer 4

Expressing society’s outrage at a crime and punishing the offender

Question 5

Key points of retribution

Answer 5

‘Just desert’ - proportionate sentence, the punishment should fit the crime.
Revenge - society and the victim are being avenged for the wrong done.

The death penalty can be seen to fulfil the biblical expression of ‘and eye for an eye, a tooth for a tooth, a life for a life’.
This provides a compensating measure of justice to someone who had committed murder.

Does not seek to alter future behaviour.

Question 6

Retribution links to theories.

Answer 6

Right realism - criminals are fully responsible for their actions and should suffer the outrage of society proportionately.

Functionalism - moral outrage of society reminds everyone that crime is wrong, crime serves a function. Denunciation (saying crime is wrong) - Shannon Matthews demonstrates this as the public came together to find Shannon and spoke out after the truth came out that her mother faked her kidnap to receive money.

Question 7

Denunciation

Answer 7

Saying crime is wrong
Links to functionalism
Shannon Matthews.

Question 8

Criticisms of retribution.

Answer 8

Offenders may deserve forgiveness or the chance to make amends, for example younger people.
For fixed penalities, everyone may not deserve the same punishment (pensioner vs millionaire for parking ticket)
People disagree about what ‘just deserts’ would be for each crime (some people ant death penalty for murder).

Question 9

Problems of retributive justice.

Answer 9

It makes justice into a transaction - just punishment is too simplistic, it is a disservice to offenders and victims, it provides no change for change.
It makes it more difficult to consider mitigating factors - mandatory minimums give no leeway.
It prioritises punishment over treatment - does not consider mental illness, indiscriminate, makes it more difficult for an offender to get help.
It dehumanises offenders - strips away humanity, not seen in an equal light.
We a,ready know there is another way - restorative justice (rehabilitation)

Question 10

Incapacitation/protection of the public definition.

Answer 10

Protecting the public form offenders through different types of punishment.

Question 11

Examples of incapacitation

Answer 11

Execution
Cutting off hands of thieves
Chemical castration of sex offenders
Banishment (19th century, people transported to Australia)
Foreign travel bans (prevent hooliganism at football matches)
Curfews or electronic tagging

Question 12

Imprisonment as an example of public protection

Answer 12

Main way today, prevents people committing further crimes.
Crime (Sentencing) Act 1997 introduced mandatory minimum jail sentences. For example, automatic life sentence of second serious sexual of violent offence.
Criminal Justice Act 2003 introduced the idea of imprisonment for public protection.

Question 13

Jerry Williams - public protection

Answer 13

1995
Stole a slice of pizza, arrested and sentences to 25 years.
Had 6 previous convictions and judge suggested he hadn’t ‘learnt his lesson’.
Only served 5 years due to public outrage.

Question 14

Public protection links to theories.

Answer 14

Atavistic form theory (Lombroso) - believed people were born criminals, also favoured sending criminals into exile to protect people.

Right realism - tough in crime, believe in longer prison sentences

Question 15

Criticisms for incapacitation/public protection

Answer 15

Using punishment simply for ‘incapacitating’ offenders.
‘Warehousing’ criminals with long sentences
Does not seal with causes of crime
‘Three strikes’ rule republished people for previous crimes.
Assumes people will commit crimes in the future.

Question 16

Reparation definition

Answer 16

Making good the harm caused to others.

Question 17

Ways to repair damage done to others.

Answer 17

Financial compensation
Unpaid work - community payback.

Question 18

What is restorative justice and what does it do?

Answer 18

Make f amends by bringing the victim and the offender together, allows offender to understand the damage they have done.

It makes justice the work of the community - sees crimes as an offence against victim and community. Community decides how to helots offender understand issues caused.
It considers the interest of the victims and offender - allows offenders to atone, harsh prison sentence may not provide reparation a victim needs.
It allows for more proportionate punishment - rehabilitation, allows offenders to put right what they have done wrong.
It favours restitution over retribution - recompense (fines/compensation) rather than punishing for revenge.
It is forward looking - not focussing on punishment due to last actions, but changing behaviour behaviour for the future so similar crimes are not committed. It created different avenues for change

Question 19

Reparation links to theories

Answer 19

Labelling theory - reimagine their ‘label’.
Functionalism - reinforce that a criminal has done something wrong, positive outcome of crime.

Question 20

Criticisms of reparation

Answer 20

Does not work for all crimes (victim may not want to meet)
Punishments like fines are too easy on offenders.

Question 21

Deterrence definition

Answer 21

Discouraging future behaviour.

Question 22

Individual deterrence

Answer 22

Punishment to deter offenders.
In the US, you f offenders are sent to ‘boot camps’ to stop them reoffending.

Question 23

General deterrence

Answer 23

Deterring society.
Execution, 3 strikes and you’re out.

Question 24

Severity vs certainty

Answer 24

Even if punishment is very severe it will not deter people if the offender thinks they can get away with it.
Only 5% of reported burglaries result in successful conviction.

Question 25

Deterrence links to theories.

Answer 25

Right realism - focus on harsh punishment for crime prevention
Social learning theory - if someone sees someone else being punished they are less likely to imitate behaviour.

Question 26

Criticisms of deterrence

Answer 26

There is little evidence to show that boot camps work.
At least 1/2 of prisoners reoffend in a year.
It is difficult to know her severe a punishment should be to deter criminals.
Nit everyone who offends will know the punishment.
Offenders are unlikely to weigh up risks involved before committing the crime.

Question 27

Rehabilitation definition

Answer 27

Making offenders change their behaviour.

Question 28

Rehabilitation policies.

Answer 28

Education and training programmes - avoid unemployment on release.
Anger management courses - for violent offenders, aggressions replacement training (ART)
Drug treatment and testing orders.

Question 29

Rehabilitation links to theories.

Answer 29

Eysencks personality theory - deter reoffending through changing behaviour.
Left realism - addresses cause of reoffending.

Question 30

Criticisms of rehabilitation.

Answer 30

Right realists argue that rehabilitation only had limited success.
,resists beloved it is the fault of the state and not the fault of the individual for the cause of crime. The state should be changed not the individual.