2.2

Question 1

Retribution

Answer 1

Expressing society’s outrage at crime.

Question 2

Rehabilitation

Answer 2

Making offenders change their behaviour.

Question 3

Deterrence

Answer 3

Discouraging future behaviour.

Question 4

Public Protection

Answer 4

Protecting the public from offenders.

Question 5

Reparation

Answer 5

Making good the harm caused by crime.

Question 6

Proportionality

Answer 6

Punishment should fit the crime. Tariff system/fixed mandatory penalties for certain offences.

Question 7

Expressing moral outrage

Answer 7

Punishment is morally good, regardless if it changed future behaviour . Racially aggravated crimes hold an uplift sentence. (GBH = 5 years but RM GBH = 7 years)

Question 8

Retribution Theory

Answer 8

Right Realism - Rational Choice Theory
Assumes that offenders are rational actors and consciously choose to commit their crime and are fully responsible for their actions.
Functionalism
moral outrage teaches boundary Maintenance.

Question 9

Retribution Criticism

Answer 9

Offenders deserve forgiveness, mercy, or to make amends.
Fixed tariffs require punishment even if they are remorseful.
Disagreement in what is proportionate to each crime.

Question 10

Rehabilitation Theory

Answer 10

Cognitive Theories - CBT to correct thinking errors/biases.
Personality Theory - aversion therapy to deter criminal behaviour.
Operant Learning Theory - token economies to promote desirable behaviour.
Left Realism - regards social factors as causes of crime.

Question 11

Rehabilitation Criticism

Answer 11

Right Realists argue limited success - many reoffend after programmes.
Marxists criticise shifting responsibility to individual rather than capitalism.

Question 12

Individual Deterrence

Answer 12

Deterrence directed at the person being punished: aims to teach not to repeat the behaviour.

Question 13

General Deterrence

Answer 13

Deters society in general from breaking the law. Public view an offender being punished and are made aware of what will happen to them.

Question 14

Severity vs Certainty

Answer 14

High punishment + Low conviction rate = ineffective.

High conviction rate + small punishment = deterrent.

Question 15

Deterrence Theory

Answer 15

Right Realism - Rational Choice Theory assumes offenders have cost-benefit analysed.
Situational crime prevention will make committing crime successfully more difficult.
Social Learning Theory - learn from the actions of others.

Question 16

Deterrence Criticism

Answer 16

• Little evidence that short, sharp shocks/bootcamps reduce youth offending
• Half of all prisoners re-offend within a year of release - prison is not a deterrent
• Determining severity of punishment to deter enough people
• Assumes would-be offenders know what the punishments are
• Assumes offenders are rational about risks - may act irrationally due to emotion
• People follow law because it’s the right thing, not because it’s deterred

Question 17

Incapacitation

Answer 17

Removing the offenders capability to offend.

Question 18

Incapacitation examples

Answer 18

Execution - Prevents all crime
Cutting off Hands - Prevents theft
Chemical Castration - Sex Offences
Banishment - Early 1800s, convicts transported to Aus.
Foreign Travel Bans - Football hooligans can’t go abroad
Curfews/Electronic Tagging - restricts movement

Question 19

‘Prison Works’

Answer 19

Takes offenders out of circulation, prevents them committing further crimes against the public.

Question 20

Incapacitation Theory

Answer 20

Lombroso - Biological theory - criminals are biologically different = cannot rehabilitate. Favours exile for habitual criminals and other biological methods like castration.
Right Realism - small number of offenders cause majority of crime = incapacitate with long sentences.

Question 21

Incapacitation Criticisms

Answer 21

• Leads to ‘warehousing’ offenders - rising prison populations and costs
• Strategy of containment/risk management - no treating the cause of crime
• ‘three strikes’ re-punishes for old crimes - debt has already been paid
• Imprisons for crimes it is assumed they will commit.

Question 22

Reparation methods

Answer 22

Financial Compensation - paying costs to repair damage.

Unpaid Work in Society - e.g. removing graffiti.

Question 23

Restorative Justice

Answer 23

Most commonly victim-offender mediation. May be face to face or through third parties.

Question 24

Restorative Justice Benefits

Answer 24

Victim explains impact and gets closure.

Offender appreciates harm they caused, expresses remorse, seeks forgiveness, and is reintegrated into society.

Question 25

Reparation Theory

Answer 25

Labelling theory - enables offenders to show remorse and permits reintegration - prevents secondary deviance.
Durkheim - reparation returns things back to how they were.
Functionalism - essential for smooth functioning of modern society.

Question 26

Reparation Criticisms

Answer 26

• may not work for all offences - sexual/violent crime victims may not be willing and homicide victims physically can’t
• Reparation is seen as ‘too soft’ - offenders are let off easy.