2.2 Flashcards
1
Q
Describe retribution in one sentence
A
An offender’s behaviour is deserving of punishment.
2
Q
Describe rehabillitaion in one sentence
A
A forward-looking aim with a hope that the offender’s behaviour will be altered, reintroducing them into society and they will not re-offend.
3
Q
Discuss retribution as an aim of punishment
A
- It does not seek to alter future behaviour
- Inflicts punishment in proportion to the offence
- The Sentencing Council provides guidelines for the courts
- E.g. Racially motivated injuries have a harsher punishment than a random act of violence.
- Punishment should fit the crime, it is based on the biblical expression ‘An eye for an eye, a tooth for a tooth, a life for a life’’.
- Some people argue we should have the death penalty for murder, i.e. take a life, lose yours: offenders are getting their ‘just desserts’.
If a person’s offending has adversely affected the public or if the public requires protection, then a prisoner must go to prison as punishments must serve a useful purpose for society. - E.g. longer prison sentences for causing death by dangerous driving were justified in this way: maximum prison sentence increased from 5 to 10 years for this offence in 1993, and then to 14 years Criminal Justice Act 2003
- Links to Right Realism: crime is a rational choice and if a person chooses to commit a crime, they deserve to be punished for that crime.
4
Q
Discuss rehabillitaion as an aim of punishment
A
- Prison aims to provide direction and rehabilitate prisoners back into society.
- Rehabilitative sentences can also be controversial since it may appear that the offender is being “rewarded” for committing crimes (such as “holidays” for youth offenders).
- This can cause a great deal of outrage in society.
- Such sentences are also expensive and require investment of resources.
- It is also debatable as to whether it is justifiable for the state to change the way people think, rather than just punish them for their wrongful conduct.
- Community sentences: unpaid work, completion of an education or training course such as speed awareness training.
- Drug abuse = many crimes: rehabilitation may include drug testing and treatment orders.
- Reformation is a very important element in the sentencing philosophy for young offenders: presumes that criminal behaviour is a result of free will and rational choice.
-So is caused by factors that the defendant can do something about.
-Links to Right Realism: if criminal activity is based on choice, the behaviour can be rehabilitated to ensure they make a better choice next time.
- Links to Individualistic theories of criminality: behaviour modification treatment e.g. anger management courses
5
Q
Discuss detterance as an aim of punishment
A
- Deterrence is based on the concept of fear. Fear as an individual deterrence – ‘I don’t want to go to prison’, but also as a collective fear – ‘look at how long their sentence was..’
- Prison sentence: less likely to reoffend if they are threatened with a return to prison.
- Suspended sentence: aims to prevent someone from specifically reoffending- only sent to prison if commit another offence in the time given
However, the high levels of reoffending for prison sentences suggests this aim to deter does not always work. - 46% of adults are reconvicted within one year of release
- Increasing to 59% for those who serve less than 12 months (Bromley Briefings Prison Factfile Autumn 2017).
- Individual deterrence could link to social learning theory: prisons are often classified as universities of crime
- This means offenders are learning how to commit more crime from fellow prisoners. Aims to send out a clear message to potential offenders that prison is likely as a sentence.
Often dismissed as it relates to someone else: ‘this will never happen to me’. E.g. drink driving offences, people still do it despite the clear deterrent - Unless punishment is very severe it is unlikely to get any attention.
- E.g. harsh punishments in London riots: so specific to the London riots it is less likely others will learn from it.
- Relates to Marxist views that criminal punishment is given to the working classes as a means of controlling their behaviour.
- Harsher sentences are often given to working classes when compared to middle classes.
6
Q
Discuss reperation as an aim of punishment
A
- Compensating the victim of the crime, usually by ordering the offender to pay a sum of money to the victim.
- Also includes making reparation to society e.g. unpaid work in the communities through a community order.
- There is also an increasing number of schemes that bring offenders and victims together, so offenders can make direct reparation.
- E.g. writing a letter of apology, repairing any damage causes or meeting face to face to discuss the issues.
- This is known as restorative justice.
Left realist: punishment as a way of providing practical measures to reduce crime and produce a long-term change to a more equal, caring society.
7
Q
Discuss public protection as an aim of punishment
A
- Punishment must serve as a useful purpose for society as a whole by protecting us from dangerous criminals.
- Sometimes referred to as incapacitation: offender is prevented from exercising their freedom.
- However, electronic tagging serves the same function without cost of prison.
- Protection most often with imprisonment
- Other examples include voluntary castration by sex offenders and the death penalty
- Right realism: looks to impose a sentence to protect the public as social constraints on behaviour are weak.
- Stricter punishments are needed to reduce crime
8
Q
Discuss dennunciation in relation to aims of punishment
A
- When society expresses disapproval of criminal activity.
- Shows that justice is being done.
- Reinforces the moral boundaries of acceptable conduct and can mould society’s view.
- E.g. smoking cigarettes was once acceptable and even encouraged by the medical profession - now illegal in the workplace and in a motor vehicle with a child
- Links to the Functionalist theory of criminality.
- Setting clear boundaries of what is acceptable via punishment of offenders reinforces moral limits and encourages social cohesion.
