2.2 Flashcards
DPR x 3
- deterrence
- protection
- retribution
- rehabilitation
- reperation
deterrence definition
- discourage from future offending
deterrence key ideas
- to deter someone from doing something is to put them off
- the fear of being caught and punished may deter people from committing crime
- deterrence can be individual or general
individual deterrence
- uses punishment to deter an individual from reoffending
- punishment may convince the offender that it is not worth repeating the experience
- Margaret Thatcher’s “short, sharp, shock” juvenile detention programmes
general deterrence
- deters society in general from breaking the law
- punishment teaches everyone a lesson
- in the past this was done through public executions
- modern = media
general deterrence severity vs certainty
- a severe punishment will only be successful if the offender is likely to be caught
- mild punishment may be more effective here the offenders have a greater chance to be caught
theory links
- right realism
rational choice theory
- individuals are rational actors who know the costs and benefits of crime
situational crime prevention
- target hardening
theory links
- social learning theory
- explains general deterrence
criticisms of deterrence
- boot camps in USA were not successful
- prison is not effective (50% of prisoners reoffend within a year of release)
- ignores that crime can be irrational
- assumes potential offenders are aware of risks
protection definition
- involves protecting the public from offenders
protection key ideas
- incapacitation
- imprisonment
incapacitation
- removes the offender’s physical capacity to commit more crimes:
- execution
- cutting of hands to prevent stealing
- banishment
- curfews
imprisonment
- takes offenders out of society/circulation
- has influenced sentencing laws:
- Crime (Sentence) Act 1997
- Criminal Justice Act 2003
theory links
- biological theories
Lombroso
- impossible to change criminals as they are biologically different to non-criminals
- detaining criminals rather than rehabilitation
theory links
- right realists
- a small number of persistent offenders are responsible for the majority of crimes
- long prison sentences would incapacitate them and protect the public
criticisms
- longer sentences and long-term warehousing of offenders with little hope of release. increases prison population
- does not deal with the causes of crime
- three strikes idea re-punishes people for past mistakes (NYC)
- unjust as it punishes people for crimes the law assumes they will commit in the future
retribution definition
- an expression of society’s outrage at crime
retribution key ideas
- just desserts
- proportionality
- expressing moral outrage
just desserts
- offenders should suffer for breaching the moral code of society
proportionality
- punishments should fit the crime
- “an eye for an eye”
- leads to a tariff system which is a fixed scale of mandatory penalties for different offences
expressing moral outrage
- effect of retribution may be to deter offenders but it is not the main aim
- purpose = society to express moral outrage
- punishment is morally good, regardless of whether it changes the offender’s future behaviour
- retribution justifies the punishments for crimes already committed
theory link
-right realism
- retribution assumes that offenders are rational actors
- responsible for actions
-punishment is therefore justified
theory link
- functionalism
durkheim
- moral outrage expressed by society through retribution performs the function of boundary maintenance
- reminds people what is right or wron
criticisms
- offenders deserve forgiveness
- if there is fixed tariff penalties, discretion cannot be used
- there will be disagreement on which crimes are seen as more serious than others
rehabilitation definiton
- making offenders change their behaviour
rehabilitation key ideas
- positive change
- treatment
- causes
positive change
- punishment will help to change offenders so that they can go on to have a crime-free life
treatment
- this does not punish past offences but uses a variety of treatment programmes to change the future behaviours of the offender
causes
- this addressed the issues that led to their offending
rehabilitation policies
- education and training programmes
- anger management courses
- drug treatment and testing orders
- support
theory links
- individualistic theories
cognitive theories
- CBT
- teaches offenders to correct their thinking errors and biases that may have led them into crime
theory link
- sociological theories
left realism
- favours rehabilitation as it may present an opportunity to address the social causes of crime
criticisms
right realists
- argue that rehab has limited success. reoffending rates are high despite prisoners completing programmes
marxists
- programmes shift the blame onto the individual instead of the cause; capitalism
reparation definition
- this makes good the harm caused by crime
reparation key idea
- involves the offender making amends for the wrong they have done
- harm can be material or social
examples of reparation
- financial compensation
- unpaid work
- restorative justice
theory links
- labelling
- allows offenders to show remorse, it also allows reintegration so prevents them being pushed into secondary deviance
theory links
- functionalism
durkheim
- ability to restore things to the way they were before the crime is essential for complex modern societies to function well
criticisms
- may not work with all types of offences/offenders
- best for minor offences
- some regard reparation as being too soft on the offender
