2.2 Flashcards
1
Q
What are the main aims Retribution?
A
- Retribution involves inflicting punishment on offender as vengeance for a crime, as offender deserves punishment and society morally entitled to take revenge (‘just desserts’)
- looks at past events to decide best actions for present
- proprtionality of punishments should be acheived, so they fit the crime committed. This is an arguement for why murderers should receive death penalty.
- proportionality leads to Tarriff system/mandatory penalties for offences e.g. a life sentence for murder
- retribution can lead to deterrence but not main purpose. Simply a way for society to express moral outrage at offender. It is a justification for punishing crimes already committed not a way or preventing new crimes.
2
Q
What are some examples for retribution punishment and or/cases?
A
- Denunciation (society showing diasproval at offender behaviour which reinforces what society feels is unethical and immoral): Stephen Lawrence murder meant society and media etc agreed justice needed and everyone knew who killers were but too scared to admit. In 1997, Daily Mail named all 5 suspects as ‘murderers’ which refelcted society’s disaproval of them being found not guilty at first trial. This led to double jeopardy rule abolishment, so suspects tried again for murder.
- crimes with hate element have harsher sentences (set out by Crime and Disorder Act 1998 and Criminal Justice Act 2003). Allows prosecutors to apply for uplift in sentence for hate crimes e.g. max penalty for GBH 5 years but raised to 7 if racially motivated, which reflects societal outrage at offence.
3
Q
What are some criminological theories relating to Retribution?
A
- Right Realists believe in the Rational Choice thoery that assumes offenders are rational actors who consciously choose to commit crimes and are responsible for their actions. They must suffer outrage of society for their choices
- Functionalists (Durkheim): the moral outrage that retribution expresses performs the function of boundary maintainence. Punishing the offender reminds society of what is right and wrong.
4
Q
What are the criticisms of Retribution?
A
- argued that offenders deserve forgiveness and a chance to change not just punishment.
- also argued it dehumanises offenders e.g. as they lose their right to vote and occurences in prison are not taken seriously such as prison rapes
5
Q
What are the aims of Rehabilitation?
A
- Aims almost opposite of reribution and aims to reform/change offender so do not commit more crime, instead of punish past crimes (retribution)
- offender eventually reintegrated into society once rehabilitated to live a crime free life
- attempt to make offender use free will so they want to conform to societal rules.
- Presumes criminal behaviour is result of free will and rational choice so offender can change
- forward looking theory of punishment that focusses on future benefits of punishment.
6
Q
What are some examples of rehabilitation policies/sentences/treatments?
A
- community sentences (probation order): often include requirements for offenders to engage in programmes as part of sentence, such as anger management courses for violent courses and community service which is unpaid work in local community such as removing graffiti.
- restorative justice: offender meets victim to discuss impact crime had and repair harm caused and find a positive way forward.
7
Q
What are the Criticisms of Rehabilitation?
A
- right realists argue rehab only has limited success as many offenders go on to reoffend even after undergoingprogrammes to change behaviour
- Marxists criticise rehab programmes for shifting the responsibility for offending onto the individual offender’s failings rather than focussing on how capitalism leads some people to commit crime
7
Q
Provide some criminological theories that support rehabilitation
A
- cognitive theories favour CBT to teach offenders to correct thinking errors and biases that lead to aggressive/criminal behaviour
- Left realism favour rehabilitation because they regard social factors such as employment, poverty and poor educational opportunities as causes of crime. Addressing these neds among offenders will help reduce reoffending.
8
Q
What are the aims of Reparation?
A
- Involves offender making amends for their mistakes to an individual victim, society or both
- harm done by offender can be both material and social
- reparation for material damage can include financial compensation to victim that can be imposed by courts such as property damage costs. May also be through community service to make reparation to society through community payback such as removing graffitti. Imposed by court.
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9
Q
What are some examples of making reparation?
A
- reparation for material damage can include financial compensation to victim that can be imposed by courts such as property damage costs. May also be through community service to make reparation to society through community payback such as removing graffitti. Imposed by court.
- Restorative Justice, in which offender meets victim to discuss impact crime had and repair harm caused and find a positive way forward.
10
Q
What are some theories that support Reparation?
A
- Labelling Theory favours restorative justice to reintegrate offenders into mainstream society. By enabling them to show genuine remorse, it permits their reintegration and prevents them being pushed into secondary deviance
- left realists see punishments as a way of providing practical measures to reduce crime and produce long term change to a more equal, caring society
11
Q
What are the criticims of reparation?
A
- some regard it as too soft a form of punishment that lets offenders off lightly
- rape victim may not want to face or forgive rapist
12
Q
What are the aims of Deterrence?
A
- aims to prevent people from committing crime through fear of punishment
- the fear of being caught and punished may deter people from committing crime
- can either be individual or general deterrence
- BUT however severe a punishment may be it will unlikely deter people if there is only a low chance of conviction.
- e.g. only 5% of reported burglaries result in successful conviction and so no matter how serious the punishment is, it will not be an effective deterrence BUT if offender very likely to be convicted then even a relatively mild punishment may be an effective detterrent.
13
Q
What is individual deterrence?
A
- affects an individual person
- punishment imposed on an individual to deter/prevent them committing more crime
- e.g. suspended sentence with more serious consequences for future offending such as prison
- punishment may convince existing offenders it is not worth repeating the experience and so will not commit more crime. e.g. arguement that ‘prison works’ based on idea that if sentences are tough enough, offenders will not want to go back to prison again.
14
Q
What is general detterence?
A
- affects general population
- refers to fear of punishment imposed on an offender that prevents others in society committing similar crimes
- if public see individual being punished they will be less likely to commit the same crime as they know that is what will happen to them
- e.g. lengthy prison sentence allows others to see potential consequences and so are dettered from committing same crime
- Harsh prison sentences given after London Riots 2011, for example a 23 year olf man sentenced to 6 months in prison for stealing $3.50 worth of water. This prevents others from joining in with riots
- Policies that promote deterrence punishments known as ‘getting tough on crime’ and include Mandatory Minimums (e.g. life sentence for murder) and 3 strikes and your out in USA (3rd conviction for violent crime likely be a life sentence).
15
Q
What theories support deterrence?
A
- social learning theory supports general deterrence as if offenders see a model (one of their peers) being punished for offending they will be less likely to imitate that behaviour
- The Rational Choice theory that adopts Right Realist ideas favours deterrence as a means of crime prevention. It sees individuals as rational actors who weigh up the costs and benefits before deciding whether to offend. Severe punishments and a high chance of getting caught will deter offending
16
Q
What are the criticisms of deterrence?
A
- reoffending rates suggest many prisoners not deterred from committing more crime by prison as 46% adults are convicted within one year of being released (2017)
- difficult to decide how severe a punishment needs to be to deter offenders
- assumes offenders know the punishments they could receive for committing a crime, but they may be ignorant to this, meaning that fear of punishment will not work on these people in preventing them from committing further crime.
17
Q
What are the aims of public protection?
A
- public protection is the idea punishment must serve a useful purpose for society as a whole by protecting them from dangerous criminals by incapacitating them
- incapacitation is the use of punishment to remove the offender’s physical ability to reoffend
- the offender is prevented from exercising their freedom.
18
Q
What are some Incapacitation policies?
A
In contemporary UK:
* Imprisonment may be used such as a life sentence
* driving ban prevents deaths on road, protects public from offender’s dangerous driving
In Historical UK:
* death penalty primarily by hanging, which is a permanent form of incapacitation as offender can never offend again
19
Q
What is Imprisonment as a form of incapacitation to protect the public?
public protection
A
- main form of incapacitation in modern societies
- by taking offenders out of circulation it prevents them from committing more crime against public
- incapacitation for public protection has influenced sentencing laws e.g. the Crime Sentences Act 1997 introduced mandatory minimum sentences for repeat offenders, such as 3 years minimum for a 3rd domestic burglary conviction.
20
Q
Outline theories that support public protection
A
- Lombroso’s biological theory favoured sending offenders into exile as he believed criminals cannot be rehabilitated, crime is in their biology which cannot be changed. Believed it was best to detain criminals on islands away from the public to prevent further harm
- Right realists see incapacitation as a way of protecting the public from crime. A small number of persistent offenders are responsible for most crime, so incapacitating them with long prison sentences would significantly reduce the crime rate.
21
Q
What are the criticisms of Public protection?
A
- incapacitation leads to longer sentences and long term holding of offenders with little hope of release. Leads to an ever rising prison population and associated costs, which is not beneficial to economy
- does not deal with causes of crime or change offenders into law obiding citizens (not effective at rehabilitation)
- unjust because it imprisons them for crimes the law assumes they may commit in the future.
