2.2 Flashcards
outline retribution as an aim of punishment
- element of revenge - victim avenged for wrong done (provides justice for victim)
- defendant gets their ‘just deserts’ which means fairness and proportionality (e.g. death penalty for murder)
- doesn’t seek to alter future behaviour but inflict punishment.
- expressing moral outrage
what theories underpin retribution
Right realism - rational choice theory, we are rational and can make a conscience choice to offend or not by weighing pros and cons. Their responsibility, should be punished. Zero tolerance
functionalism - boundary maintenance - harsh public punishment helps shoe society justice that has been done and acts as boundary maintenance between right and wrong in society.
outline criticisms of retribution
- some argue offenders deserve forgiveness and a chance to make amendments rather than punishment - could reduce offending.
- if we enforce a fixed tariff for offending we’d have to punish even when punishment seems inappropriate (e.g. remorseful offender)
- how to we decide what a proportionate penalty is? People disagree about the severity of crimes so is difficult to agree on appropriate penalty.
Outline rehabilitation as an aim of punishment
- reformation
- altering offenders beh so don’t reoffend
- forward-looking theory of punishment
- criminality is a result of freewill/ rational choice so offender has choice to not offend (if pros outweigh cons)
name and describe the theories that underpin rehabilitation
- cognitive theories - CBT - treats cause of offending and thinking words so lowers rate of offending in future.
- left realism - people commit crime due to relative deprivation and marginalisation - society’s fault not offenders
- token economies
outline criticisms of rehabilitation
- many offenders go on to reoffend once realised, e.g. when token economy ends) - no reward for desired beh. (around 70% reoffend even when rehab is involved)
- right realists argue this is too soft, doesn’t provide any justice for victims/punishment for offenders.
- marxists argue rehab shifts blame onto offender rather than looking at issues in society that cause people to offend such as poverty.
outline deterrence as an aim of punishment
- to put off/ fear
- fear of being caught - enough to prevent ppl committing crime
- individual deterrence - reoffending
- general deterrence - prevent offending in society
- crimes where your less likely to be caught carry harsher sentences
name and describe the theories that underpin deterrence
- right realism: rational choice - cons outweigh benefits of harsh punishment.
- SLT: vicarious reinforcement - if observe role model offending and getting hardly punished, less likely to imitate beh
outline criticisms of deterrence
- people still offend despite knowing the punishment, e.g. people offend when know will get death penalty.
- assumes people make a rational choice to offend, carefully weighing up risks. some act irrationally driven by emotions without thought for likely punishment.
- assumes offenders know punishment
- about 1/2 of all prisoners offend within a year of release.
outline incapacitation/public protection as an aim of punishment
- remove the offenders physical capacity to offend again.
- protects public rather than changing beh of offending
- prison sentence = main technique used to incapacitate offender
- e.g chemical castration, mutilation.
Name and describe the theories that underpin incapacitation/public protection
Biological theories: Lombroso - criminals = biologically different (atavistic, primitive) from other people, so can’t rehabilitate them. Need to incapacitate them to protect public instead.
Right realism: harsh punishments to protect the public - incapacitation would signif reduce the crime rate as a small number of persistent offenders are responsible for the maj of crime.
outline criticisms of incapacitation/public protection
- doesn’t stop other people/society from committing crime.
- imprisonment - overcrowded prison populations, very costly
- presumes all offenders will offend again/danger to public (don’t know why people commit crime -self-defence/poverty)
- doesn’t deal with causes of crime/ change offenders into law abiding citizens.
outline reparation as an aim of punishment
Name and describe theories that underpin reparation
outline criticisms of reparation
