2.2 Flashcards
what is retribution
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
how is retribution proportional
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
what is the purpose of retribution
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
what theory can you link to retribution
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
negatives to retribution
- 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
what is rehabilitation
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
what programmes are included in rehabilitation
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
what does rehabilitation require
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
link a theory to rehabilitation
skinners operant learning theory - token economies to encourage prisoners to produce more acceptable behaviour
negatives to rehabilitation to theory
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
what is deterrence
putting something off due to the fear of being caught or punished
what is an individual deterrence
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.
what is general deterrence
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
severity v uncertainty
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
what is a theory to deterrence
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
negatives to deterrence
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
what is public protection
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
how does imprisonment link to public protection
‘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
crime sentences act 1997
mandatory minimum sentences for repeat offenders eg seven years minimum for a third class A drug trafficking offence
criminal justice act 2003
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
usa three strikes and you’re out 1990s
gave offenders long prison sentences for a third offence however minor if their previous two offences were a serious crime
what is a theory linked to public protection
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
negatives to public protection
- 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
what are the 5 aims of punishment
retribution
rehabilitation
reperation
deterrence
public protection
