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Criminology > 2.2- aims of punishment > Flashcards

2.2- aims of punishment Flashcards

1
Q

what are the 5 aims of punishment?

A

-retribution
- rehabilitation
-deterrence
- public protection
- reparation

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2
Q

what is the general idea behind retribution?

A

offenders deserve to be punished and suffer for breaching society’s moral code. retribution acts as a form of society’s moral outrage.

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3
Q

what is proportionality?

A

punishment fits the crime.it is equal to the harm done by the offender?. ‘eye for an eye’

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4
Q

what does proportionality lead too?

A

a tariff system/ fixed scale of compulsory penalties

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5
Q

what is the purpose of retribution but what can it lead too aswell?

A

express moral outrage. as a side effect it may deter offenders but not its sole purpose. focuses on crimes punishing crimes that have already committed not preventing further ones

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6
Q

give an example of a tariff which can reflect societys greater outrage

A

GBH- max penalty is 5 years, however if proven to be racially motivated it can go up to 7 years.

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7
Q

what two theories does retribution link too?

A

right realism
functionalism

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8
Q

how does right realism link to retribution?

A

Right realists believe that offenders are rational actors so are full responsible for their actions, therefore should be punished to suffer outrage of society

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9
Q

how does functionalism link to retribution?

A

durkheim suggests that the moral outrage that retribution expresses acts as boundry maintenance, punishment reinforces societys norms+expectations- what’s right+wrong

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10
Q

what is 3 criticisms of retribution as an aim of punishment?

A
  • argued offenders deserve forgiveness/chance to amend
    -fixed tariff penalties can be inappropriate e.g remorseful offender
  • difficulty in decided about what a proportionate penalty is for each crime. some are argued to be mroe serious then others
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11
Q

what is the general theory behind rehabilitation?

A

punishment can be used to reform/change offender so they no longer offend

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12
Q

what does rehabilitation focus on and what doesnt it focus on?

A

focuses of changing future offending through treatment programmes whereas retribution focuses on punishing past offences

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13
Q

give 3 rehabilitation policies

A
  • anger managment
  • education+training programmes
  • drug treatment+testing orders
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14
Q

what programmes come under anger management

A

aggression replacement training and CBT

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15
Q

what theories relate to rehabilitation?

A
  • cognitive theories
  • eysencks personality theory
    -skinners operant learning
  • sociological ones e.g left realism
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16
Q

why does cognitive theories favour rehabilitation as an aim of punishment?

A

favours CBT to teach offenders to correct thinking errors+biases which lead to aggression

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17
Q

why does left realism favour rehab.?

A

they regard social factors like unemployment as causes of crime. Addressing these will decrease crime

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18
Q

what are the 2 criticisms of rehabilitation. hint: right realists+marxists

A
  1. right realists argues rehab.=limited success as many reoffend
  2. Marxists criticise rehab programmes for shifting the responsibility onto the offenders failings instead recognizing capitalism causes it
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19
Q

What are the two types of deterrence?

A

Individual+general

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20
Q

What is individual deterrence?

A

Use of punishment to deter an individual offender from re-offending by convincing them it is not worth repeating the experience

21
Q

What is the prison works concept? (Individual deterrence)

A

Based on the idea that if sentences are tough enough, offenders wont go back to jaik

22
Q

What did Margaret thatchers gov introduce in the 1980s?

A

A new tough system in juvenile detention centres described as ‘short,sharp shock’ to deter young offenders

23
Q

What is the aim of general deterrence?

A

Deter society in general from breaking the law

24
Q

How does general deterrence work?

A

If society sees individual offenders being punished they will see what themselves will have to suffer if they commit similar crime. The individual creates the general effect an teacher everyone a lesson

25
Q

What is severity+certainty? Why is it important to distinguish between the two?

A

Severity of punishment + certainty of punishment. How severe the punishment is dependent on the crime, however if there is little chance of being caught and convicted it is unlikely to deter

26
Q

Give an example of a crime with statistics which support the idea of severity+ certainty principle

A

There is a mandatory minimum sentence of 3 years for committing a 3rd domestic burglary. H/E only 5% of reported burglaries lead to a successful conviction

27
Q

What two theories link to the deterrence aim of punishment

A
  • right realism
  • SLT
28
Q

How does the right realism theory link to deterrence as an aim of punishment?

A

Right realism favours deterrence as a means of crime prevention
- RCT right realists believe we are rational actors weighing up the costs+benefits on deciding whether to offender. Therefore severe punishment+high chance of getting caught=higher deterrence
- situational crime prevention strategies e.g target hardening-makes it harder for a crimes success

29
Q

How does the SLT theory link to deterrence as an aim of punishment?

A

It is relevant to understanding general deterrence. E.g if a would-be offender see their model being punished they’re less likely to imitate

30
Q

Give 4 criticisms of deterrence as an aim of punishment

A
  • 1/2 of all offenders re-offend in one year
  • little evidence shows short,sharp shock/bootcamps decrease youth offending
  • how do we decide how severe the punishment needs to be to deter enough
  • deterrence assumes would-be offenders know what the punishments are, when they may be unaware/ignorant
  • assumes offenders act rationally weighing up risks. Some act irrationally driven by emotion, alcohol etc
31
Q

what is public protection as an aim of punishment?

A

use of punishment to remove the offenders physical capacity to offend again through incapacitation to protect the public

32
Q

give some policies of public protection that have been used or is still used in some places

A

-execution- prevent any further crimes
- cuttinf hands of thieves
- chemical castration of sex offenders
-foreign travel bans e.g hooligans
- curfews+electronic tagging-restrict movement

33
Q

what has imprisonment for public protection lead to+give an example

A

sentencing laws such as the crime sentences act 2003- mandatory minimum life sentences for serious repeat sexual or violent offences

34
Q

what has been introduced by another act to ensure public protection?

A

IPP (imprisonment for public protection) allowing interdeminate sentences with no fixed release date for a ‘dangerous offender’

35
Q

in the US what law has been put in place to increase public protection?

A

3 strikes and your out laws introduced in 1990s which are long sentences for 3rd offences however minor if first two were serious

36
Q

What two theories link to public protection as an aim of punishment?

A
  • biological theories
  • right realists
37
Q

How do biological theories link to public protection?

A

E.g lombroso stated criminals are biologically different from he rest of the population. Therefore it is not possible to rehabilitate. In result, he favoured habitual offenders to exile e.g detained on an island. Other bio theories favour chemical castration/surgery

38
Q

How does right realist favour public protection?

A

Believe it protects the public as a small no. Of persistent offenders are responsible for maj of crime. Incapacitating takes this ability away reducing crime rate

39
Q

Explain these 4 criticisms of public protection as an aim of punishment
- longer sentences
- risk-management strategy
- re-punish
- unjust

A
  • incapacitation leads to longer sentences+long term warehousing leading to no hope of release, leading to rising prison pop+ever lasting costs
  • only a risk-management/ containment strategy, doesn’t deal w/causes/try to change offender
  • 3 strike principe-re-punishes individual for previous crimes
  • unjust, imprisons them for crimes that law assumes they may commit in future (IPP)
40
Q

What is reparation?

A

Offender makes amends for wrong they’ve done to victim, society or both. Types: material+social

41
Q

What are two ways of making amends for material damages?

A
  • financial compensation- courts have power to impose compensation orders
  • unpaid work- courts have power to impose a community order
42
Q

What is restorative juctice?

A

Offender making amends for social damage and recognising the wrongfulness of their actions

43
Q

What occurs during restorative justice?

A

Offender and victim come together with a mediator allowing the victim to explain impact and the offender can express remorse+seek forgiveness

44
Q

What does restorative justice lead to?

A

Leads to closure for the victim and reintegrates offender back into society

45
Q

What theories favour reparation as an aim of punishment?

A
  • labelling theory
  • functionalists
46
Q

Why does labelling theory favour reparation?

A

Favours restorative justice as a way of integrating society in2 mainstream society as it allows them to show genuine remorse. This prevents them being pushed into secondary deviance

47
Q

Why does functionalism favour reparation?

A

For example, Durkheim believe restorative justice is essential for the smooth functioning of complex modern societies as it put things back to how they were before the crime was committed

48
Q

Explain these 2 criticisms of reparation
- reparation may not work for types all types of offence.
- too soft

A
  • reparation may not work for types all types of offence. E.g damage to property=fairly straightforward. HE can reparation be made for sexual/violent crimes like rape victim may not want to face or forgive, also homocide victims=impossible
  • some argue reparation=too soft of a punishment and lets offenders off lightly

Criminology (10 decks)

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