2.2 Flashcards
What are the main aims of punishment?
Retribution, Rehabilitation, Deterrence, Reparation, Public Protection
These aims reflect the various purposes that sentencing serves in the justice system.
Punishment - law
Section 142 Criminal Justice Act 2003 - sets out the aims of sentencing following a finding of guilt in accordance with due process. More than one aim may be relevant (e.g. retribution and deterrence)
Section 142 Criminal Justice Act 2003 - 5 aims of sentencing
- punishment of wrongdoers
- reduction of crom through deterrence
- reforming those who have comitted offences
- protecting public
- making reparation by offenders to those people affected by their crimes
What did Kant beleive about punishment
He believed the sole aim of sentencing was to punish, however the sentencing guidelines are clear that prison (the ultimate punishment) should only be considered as a last resort, particularly for young adults.
What is retribution in the context of punishment?
A display of public revulsion for the offence, providing justice for society and victims, and ensuring fairness and proportionality in sentencing.
It is a backward-looking approach focused on punishing past crimes.
What are examples of punishments that reflect retribution?
- Prison (mandatory life sentences)
- Death penalty
- Disqualification from driving
- Curfew
- Fines
- Unpaid work
These punishments aim to reflect the severity of the crime committed.
Retribution - Historically
- Death penalty was used
- Applying proportionality meant that different forms of putting people to death had to thought up to reflect the seriousness of the crime:
- E.g. traitors were hung, drawn and quartered
- E.g Servants who killed their masters were boiled alive
- E.g People burned at the stake for witchcraft
Retribution - Today
- The Sentencing Council in the UK helps with proportionality by giving guidelines to courts on appropriate sentences
- The Coroners and Justice Act 2009 says these guidelines should be followed in the interest of justice.
- Retributive justice can be seen in life sentences (for murder)
- Crimes motivated by hate are given an ‘uplift’ (i.e. they’re harsher) as part of retribution is to represent moral outrage
- E.g. GBH usually has a 5 year sentence, but if driven by racism then it can be raised to 7 years.
- The punishment is seen as necessary and morally correct in itself, to right the wrong.
Which theories might support retribution? - right realism
inadequate or inappropriate socialisation, strong SC to deter crime
- Linked to RCT and sees people as rational actors who consciouslt choose to commit crine
- Fully responsibe for their actions
- It is fitting that they are therefore punished to suffer the outrage of society for their choices
Which theories might support retribution? - Functionalism
crime is a result of the structure of society, has benefits to society
- Durkheim would say that retribution allows the expression of the moral outrage of society
- It allows a realease of anger and hurt suffered
- This helps reinforce social norms and expectations of the group and punish devience
Retributive justice limitations
- Punishing criminals just because they have acted inappropriately does not address any underlying issues that may have led to the crimes in the first place. Some offenders need treatment rather than punishment; without treatment, the cycle of crime will continue.
- Backward-looking ideas are pointless
What does rehabilitation aim to achieve?
Changing the offender’s behaviour to prevent future crime and reintegrating them into society.
It is a forward-looking approach that assumes criminal behaviour results from free will.
What are some examples of rehabilitation programs?
- Drug/alcohol abuse programmes
- Access to training or education, allows them to think more rationally and choose alternative causes of action
- Community sentences
- Anger management cources
These programs aim to provide offenders with skills for meaningful work and law-abiding behavior.
Which theories might support rehabilitation? - Eysencks personality theory
Highly N, E and P = more likely to be criminal
This supports the use of behaviour modification techniques such as aversion therapy
AT = used to extinguish undesirable behaviors by pairing them with an aversive stimulus
Which theories might support rehabilitation? - Skinners operant conditioning
uses rewards and punishment to modify behavior
Supports the idea that behaviour can be modified if the person can see rewards at the end of it
e.g. token economies - Good behaviours earn tokens that can be exchanged for a reward
e.g. cognitive behavioural therapy - talking therapy that helps individuals manage problems by changing the way they think and behave
Which theories might support rehabilitation? - left realism
crime disproportionately affects working-class people, reduce repression
supports the idea of helping people into work etc as it reduces inequality
Define deterrence as an aim of punishment.
The prevention of reoffending and deterring others from committing similar crimes through the fear of punishment.
forward-thinking approach
What are the two types of deterrence?
- Individual Deterrence
- General Deterrence
Individual deterrence aims to prevent a specific offender from reoffending, while general deterrence seeks to discourage others from committing crimes.
Examples of deterrence
- A suspended prison sentence will deter an individual as the imprisonment will only activate if the individual reoffends.
- The harsh sentencing for minor criminality during the 2011 London Riots would be a general deterrent eg where a man was sentenced to 6 months in prison for sealing water worth £3.50 and two others were sentence for four years for ‘inciting disorder’ using Facebook.
Deterrence limitation
However severe a punishment may be, if there is very little chance of being caught and convicted, then it is unlikely to deter people from reoffending.
Which theories might support deterrence? - SLT
observing and imitating behaviors, and experiencing rewards, punishments
- Offenders learning from others’ mistakes relies on the social learning theory to deter criminality. Seeing others being punished could act as a deterrent.
- (However, prisons are described as ‘universities of crime’ where offenders learn from others which may be counterproductive.)
Which theories might support deterrence? - Right realism
inadequate or inappropriate socialisation, strong SC to deter crime
Rational choice theory shows how people weigh up the cost / benefit of crime before committing it. Therefore, a deterrent might contribute to this.
Which theories might support deterrence? - Operant conditioning
posits that behaviors are shaped and maintained by their consequences
- A harsh punishment could act as a general or individual deterrent
What is public protection in the context of punishment?
Also known as incapacitation, it involves keeping society safe from dangerous individuals by preventing them from offending again.
This can include imprisonment, disqualification from activities, or extreme measures like execution.
Public Protection Examples
extreme/ less extreme
- Extreme examples = execution, banishment, cutting off the hands of thieves (England in the past, Saudi Arabia today) or chemical castration used on sex offenders (e.g. in some American states)
- Less extreme examples = restricting activities such as disqualification from driving, curfew or electronic tagging
Prison as Public Protection
- This is the most common form of incapacitation where offenders are removed from society. The Crime (Sentences) Act of 1997 introduced standard sentences for specific offences (e.g. 7 years if a person has a third conviction for Class A drug trafficking).
- The CJA 2003 says that prison is partly meant for public protection. They introduced ‘indeterminate sentences’ which mean that they would have no set release date. These are for people who are deemed a danger to society (particularly for violent / sexual offences).
Public Protection - Interminate sentence: Case study, Pat’s story
- Pat’s partner was involved in a drunken fight and the court passed an indeterminate sentence for public protection (IPP).
- served 4yrs over his minimum tarif leading to him becoming depressed
- denied parole twice
- laws changes that nobody with a sentence 2> can receive an interminate sentence
- he believes his sentence is unjust as after the law changes he wouldve only recieved a 18 month fixed sentence and be free
Which theories might support public protection? - Right Realism
inadequate or inappropriate socialisation, strong SC to deter crime
- The right realism approach suggests a sentence is required to protect the public because social constraints on behaviour are weak so stricter social control is required to protect others.
- According to right realists, a small number of people persistent offenders are responsible for majority of crimes so it’s acceptable to incapacitate them with long term sentences.
Which theories might support public protection? - Biological theories
Genetic, Biochemical
- Genetic - If it can be shown that a criminal was born that way and it is not possible to rehabilitate them, then public protection may be the only way.
- E.g Lombroso (Physiological) argued for sending criminals away to an island to protect the rest of the public.
- Biochemical: Biological theories might support chemical castration as a public protection from sex offenders
What is reparation in the context of punishment?
Compensating the victim of the crime or making amends to society as a whole.
‘Pay back’, It can be tailored to the particular crime committed
Reparation Examples
- For property crime, the person could be told to compensate the victim for the damage with a compensation order, or if it was public property the person could be sentenced to community payback as part of a community order (i.e. cleaning graffiti, picking up litter)
- This Includes Restorative Justice giving the victims the chance to tell the offender the impact of their crime, find out the reason for the offence and receive an apology. This can be done in person or through a letter. 14 percent of offenders do not reoffend.
Which theories might support reparation? - Left realism
- Left realism would see this as contributing to a long-term change toward a more equal and caring society
Which theories might support reparation? - Labelling theory
It can reintegrate people back into mainstream society and allows them to express their remorse. It could help prevent the slide into secondary deviance.
Which theories might support reparation? - Functionalism
Durkheim favoured this kind of approach to be able to put things back into a harmonious state - for the smooth running of society.
True or False: Retribution seeks to change offender behavior.
False
Retribution focuses on punishing the crime rather than changing future behavior.
What historical perspective exists on the death penalty as retribution?
Historically, different forms of execution reflected the seriousness of the crime, such as hanging traitors or boiling servants who killed their masters.
This reflects the application of proportionality in punishment.
What role does the media play in shaping views on punishment?
- Newspaper have hugely influenced public views since the 18th century and made them more aware of crime
- for example about ending capital punishment in the 1950s and 60s and in terms of campaigns for tougher sentences for terrorists and paedophiles
Fill in the blank: The aim of punishment that involves making it impossible for criminals to offend again is called _______.
Public Protection
This can involve various measures, including imprisonment or other restrictions.
What is the significance of the Sentencing Council in the UK?
It provides guidelines to courts on appropriate sentences, ensuring proportionality in punishment.
This is crucial for maintaining justice and fairness in sentencing.
Which theories might support rehabilitation as an aim of punishment?
- Left realism
- Eysencks personaliy theory
- Skinners operant conditioning
Which theories might support retribution?
- Right realism
- Functionalism
Which theories might support deterrence?
- SLT
- Right realism
- Skinners Operant conditioning
Which theories might support public protection?
- Right realism
- Biological theories: Genetic(lombroso Physiological), Biochemical
What role do Social changes play in shaping views on punishment?
- for example in the past, during the Industrial Revolution and later during the decline of the inner cities in the inter-war period social problems were created which led to crime but also greater public awareness and sympathy.
- Some things which were acceptable in the past, such as domestic abuse or drink driving are also not acceptable any more
Which theories might support reparation?
- Left realism
- Labelling Theory
- Functionalism
What role do actions of individuals and pressure groups play in shaping views on punishment?
- In the past, for eg, Elizabeth Fry did a huge amount to reform prisons and the objectives of putting people in prison.
- Today, groups like the Howard League for Penal Reform pressure the gov to improve punishments
What role do New ideas in Education and Politics play in shaping views on punishment?
- for example the Enlightenment led to more humane attitudes.
- Liberalism in the 19th and 20th century led to a more tolerant attitude
- Socialism in the 20th century gave greater sympathy to the working class poor.
- Left realism is influenced by socialism and right realism by conservative views
What factors can influence views on punishment?
- New ideas in Education and Politics
- actions of individuals and pressure groups
- Social changes
- Media
Governments have been influenced by all these factors in to changing their policies and making new laws about how people should be punished.
