2.2 Flashcards
Briefly explain the 5 aims of punishment
Deterrence- prevent future offending
Retribution- punish offender as way of vengeance
Rehabilitation- change offender’s behaviour
Public protection
Reparation- offender makes up for harm caused
Retribution- what does proportionality mean
The punishment should fit the crime e.g. eye for an eye- death penalty for murder
What is a tariff system
Compulsory sentences for different crimes
What theory does retribution link to- explain
Right realism (rational choice theory)- offenders choose to offend so should pay the price
What are 3 criticisms of retribution
1) argument that offenders deserve a second chance
2) fixed tariff means that the punishment must occur even if not the right thing
3) Proportionate punishments are subjective
Rehab- list 3 rehab policies
Education/ training programmes
Anger management courses
Drug treatment and testing orders
What ways do different theories favour rehab
Cognitive theories- CBT
Eysenck’s personality theory- Aversion therapy
Skinner’s operant conditioning- Token economies
What is the main theory that favours rehab
Left realism
List 1 criticisms of rehab
Right realists argue criminals still re-offend after treatment
What are the two types of deterrence- explain both
Individual- criminal may believe punishment means it’s not worth re-offending
General- if public see someone is punished it puts them off offending in the first place
How does deterrence link to rational choice theory and social learning theory
RCT- offenders weigh up risks before offending
SLT- vicarious reinforcement- seeing someone be punished puts you off
List four criticisms of deterrence
1) half of prisoners re-offend within a year of release
2) the punishment that will deter criminals is subjective
3) offenders may not know the punishment and won’t be deterred
4) not all offenders act rationally
What is the main punishment that provides public protection
Imprisonment as it takes offenders out of society so no more harm can be caused
What is the 3 strikes and your out policy is USA
Offenders given a longer prison sentence for 3rd offence no matter how small if prior offences are serious e.g. someone given 6 years for stealing a pizza
Why would biological theories favour public protection over rehab
They argue that offenders are biologically different and thus can’t be rehabilitates
What is the main theory that favours public protection
Right realism
Give four limitations of public protection
1) leads to longer prison sentences and over-population in prison
2) doesn’t deal with cause of crime
3) three strikes policies re-punishes offenders for old offences
4) unjust- law assumes criminals will re-offend
Reparation- give 2 ways offenders can make up for material damages
Financial compensation
Unpaid work
What do restorative justice schemes do
Brings offenders and victim together with a mediator
Victim can explain harm caused
Offenders can express remorse
How does reparation link to functionalism
Enables society to be smoothly functioning
Give 2 criticisms of reparation
Doesn’t work for more serious offences
Some believe it is ‘too soft’ as a punishment
