2.2

Question 1

what is retribution

Answer 1

based on the idea that criminals should get their ‘just deserts’ and that deserve to be punished and society is morally entitled to take its revenge

eg murderers getting the death penalty

Question 2

how is retribution proportional

Answer 2

the punishment should fit the crime eg eye for an eye.
this leads to a ‘tarrif’ system or a fixed scale of mandatory penalties for offences eg a fine for speeding

Question 3

what is the purpose of retribution

Answer 3

to express moral outrage at the offender
punishment is morally good in itself, regardless of whether it changes the offenders future behaviour
retribution is justification for punishing crimes already committed, not the way of preventing future ones

eg racially aggravated crimes has a high sentence which reflects the outrage society has

Question 4

what theory can you link to retribution

Answer 4

rational choice theory - by right realists who believe that offenders are rational people who consciously choose to commit their crimes so they are fully responsible for it and must suffer the outrage from society

Question 5

negatives to retribution

Answer 5

• offenders deserve forgiveness or a chance to change
• a fixed sentence means that os has to be applied even when no good will come from it
• hard to agree what is a proportional penalty

Question 6

what is rehabilitation

Answer 6

punishment that can be used to reform or change offenders so they never commit a crime again

they use various treatment programmes to change the offenders FUTURE behaviour by addressing the issues that lead them to offending

Question 7

what programmes are included in rehabilitation

Answer 7

education and training programmes for prisoners to avoid unemployment when released
anger management courses for violent offenders
drug treatment and testing orders to treat dependency issues

Question 8

what does rehabilitation require

Answer 8

the programmes need the offender to want to change their lives, especially when their behaviour has lead to them being excluded from mainstream society and they need help being reintroduced

Question 9

link a theory to rehabilitation

Answer 9

skinners operant learning theory - token economies to encourage prisoners to produce more acceptable behaviour

Question 10

negatives to rehabilitation to theory

Answer 10

right realists say that rehab has limited success and many still go ahead to re offend

marxists say that it puts full responsibility of the crime onto the individual and not the failures of the state

Question 11

what is deterrence

Answer 11

putting something off due to the fear of being caught or punished

Question 12

what is an individual deterrence

Answer 12

uses punishment to deter the individual from re-offending

eg prison works as a deterrence - based on the idea that senytences are tough enoigh that prisoners dont want to go back

eg thatcher introduced tough new system in juvinile detention centres describes as a ‘short,sharp shock’ to deter young offenders

eg Rishi Sunaks promise to have an anti-social behaviour crack down by making people who vandalise public property clean it up themselves: aims to show the public such acts are “quickly and visibly” punished.

Question 13

what is general deterrence

Answer 13

deters society in general from breaking the law
when the public see an individual offender being punished, they will see what they will suffer if they commit the same crime

eg public punishments such as executions back in the day or being humiliated by media reports in modern times

Question 14

severity v uncertainty

Answer 14

uncertainty - despite how severe the punishment is if there is very little chance of getting caught and convicted then its unlikely to deter anyone

severity - whereas if the offender is likely to be caught then even a mild punishment may be an effective deterrent

Question 15

what is a theory to deterrence

Answer 15

right realism - rational choice theory: individuals are rational actors who weigh up the costs and benefits before deciding whether to offend… this means that a severe punishment and a high chance of getting caught will deter offending

Question 16

negatives to deterrence

Answer 16

very little evidence that say ‘short sharp shocks’ reduced young offending

half of all prisoners re-offend within a year of release which suggests that prison is not an effective deterrent

deterrent assumes that offenders act rationally whereas some act irrationally, driven by their emotions without thought of likely punishment

Question 17

what is public protection

Answer 17

incapacitation may be used to protect the public from more offending

incapacitation is the use of punishment to remove the offenders physical capacity to offend again eg cutting off the hands of theives or foreign travel bans and curfews

Question 18

how does imprisonment link to public protection

Answer 18

‘prison works’ by taking offender out of circulation which prevents them from committing further crimes against the public
eg crime sentences act 1997
eg criminal justice act 2003
eg usa three strikes and you’re out 1990s

Question 19

crime sentences act 1997

Answer 19

mandatory minimum sentences for repeat offenders eg seven years minimum for a third class A drug trafficking offence

Question 20

criminal justice act 2003

Answer 20

allows court to give an indeterminate sentence to a dangerous offender who is convicted of a serious sexual or violent offences

BUT in 2012 indeterminate sentences were abolished and now they get a sentence with no fixed release date

Question 21

usa three strikes and you’re out 1990s

Answer 21

gave offenders long prison sentences for a third offence however minor if their previous two offences were a serious crime

Question 22

what is a theory linked to public protection

Answer 22

biological theory of lombroso who argued that criminals were biologically different from the rest of the population and its not possible to change or rehabilitate them
he favoured sending habitual criminals to exile

Question 23

negatives to public protection

Answer 23

• incapacitation = longer sentences and longer ‘warehousing’ of offenders with little hope of release = increased prison population and an increase in costs
• doesnt deal with the cause of crime
• three strikes repunished offenders for previous crimes

Question 24

what are the 5 aims of punishment

Answer 24

retribution
rehabilitation
reperation
deterrence
public protection

Question 25

what is reperation

Answer 25

the offender making amends for their crimes

Question 26

how can reperation be done

Answer 26

financial compensation - giving money to the victim eg paying the costs of the damage done to someones property

unpaid work - to society through community payback eg removing graffiti from public buildings in a community order

Question 27

an example of sunak endorsing reperation

Answer 27

anti-social behaviour crackdown - People who vandalise public spaces will have to repair the damage they cause within 48 hours of being given an order

Question 28

how is reperation restoring justice

Answer 28

the offender must recognice the wrongfulness of their actions eg restorative justice schemes which bring offenders and victim together with help of a mediator

allows the victim to describe the impact the crime had on them and the offender can express remorse and seek forgiveness

Question 29

link a theory to reperation

Answer 29

labelling theory- favours restorative justice as a way of reintegrating offenders into mainstream society and lets them show genuine remorse and prevents them from reoffending

Question 30

negative to reperation

Answer 30

• doesnt work for all types of crim eg you cant give compensation or ask for forgiveness from a rape victim
• its too soft and lets offenders off too lightly