2.2 aims of punishment

Question 1

what are the aims of punishment?
(PPRRR)

Answer 1

the CJA 2003 (section 42) define the purposes as:

-the punishment of others
-the reduction of crime
-the rehabilitation of an offender
-the protection of the public
-the reparation by the offender to the victim

Question 2

define retribution

Answer 2

-the use of punishment as vengeance/revenge from a wrong doing
-based on the idea that offenders should get their ‘just dessert’ and that the punishment is deserved

Question 3

how is moral outrage linked to retribution?

Answer 3

-retribution allows society to express moral outrage
-punishment is morally good regardless whether the offenders’ behaviour chnages
-retribution is justifcation for unishing crime committed a way of preventing future crimes.

E.g., the 2 year up-lift for hatre crime

Question 4

what is proportionality?

Answer 4

-this is the idea that the punishment should fiit the crime
(equal/in proportionate to the damage caused)
-this ide leads to a ‘tariff system/ a fixed scale of compulsory penalties for different offences.

E.g, the death penalty for murderers

Question 5

what are the criticisms for retribution?

Answer 5

-sometimes offenders deserve a chance to seek forgiveness/make amends
-a fixed tariff system means that punishments wil be inflicted even where no good will come from it (a remorseful offender who won’t commit further crimes)
-people often disagree on the seriousness of the crimes and their punishment (proportionality is harder)

Question 6

which theories link the retribution?

Answer 6

Right realism:
-rational choice theory
-the aim of retribution assumes that the offenders aqare rational actors who consciously make the choice the commit crimes
-they theref9ore should suffer the outrage of society

Functionalism:
-Durkheim suggested that the moral outrage that society expresses allows boundaries to be maintained
-punishment reminds people the difference between right and wrong

Question 7

define rehailitation

Answer 7

-the idea that punishment can be used to change the offenders behaviour
-it doesnm’t f0ocus on punishng past offences
-uses treatment programmes to change the offenders future behaviour
-addresses issues leading to offending (homelessness/drug misuse)

Question 8

Give examples of rehabilitation programmes

Answer 8

Education/training programmes-prisoners can avoid unemployment upon release

Anger management courses-Aggression
Replacement Training (ART)
-cognitive behavioural therapy

Drug treatment/testing orders-treat alcohol/drug dependance

Question 9

community sentences/rehabilitation programmes

Answer 9

-They include requirements for offenders to participate in these programmes
-Rehabilitation generally require offenders to be willing to change
-Often require considerable input of resources and professional support

Question 10

What theories can be linked to rehabilitation?

Answer 10

Cognitive theories:
-these favour cogntive behaviour therapies (CBT) to teach offenders to correct thinking errors/biases that lead to aggressive/criminal behaviour

Eysenck:
-favoured the use of aversion therapy to deter offending behaviour

Skinner:
-supports the use of token econolmkies ti encourage prisoners to produce more acceptable behaviour

Sociological theories: Left Realism
-favours rehabiltation as they see social factoors (unemployment/poverty) as causes of crime.
-addressubgv these issues will reduce criminal activity

Question 11

what are the criticisms of rehabilitation?

Answer 11

-right realists argue that it has limiting success (many reoffend-48% of offenders reoffend within a year of release)
-Marxists crrticise rehabilitation ;programmes for sifting the resp;onsibilikty onto the individual rather than how capitalism leads to crime

Question 12

define deterrence

Answer 12

putting people off of committing crime

Question 13

what is individual deterrence?

Answer 13

-known as ‘specific deterrence’
-used to deter the individul offender from re-offending
-punishment shows the offender the crime is not worth the punishment

Question 14

what is General detterence?

Answer 14

-it aims to deter society as a whole
-the public see the individuals being punished
-actions have consequences

Question 15

severity vs certainty

Answer 15

-the severity of the punishment is dependant on the crime
-if there is a small chance of being caught it is unlikely to deter
-if the offender is certain to be caught a relitavely mild punishment will be an effectve deterrent

e.g., even though there is a minimum mandatory sentneced of 3yrs fcor burglary, only 5% have been convicted

Question 16

what theories can be linked to deterrence?

Answer 16

Right realism:
-Rational choice theory-individuals arfe seen as rational actors
-situational crime prevention strategies such as target harcdening make it hard ti commit an offence successfully

Social Learning theories-General deterrence
-individuals will see a model (one of their peers) being punished and will therefore be less likely to imitate that behaviour

Question 17

why is deterrenc critcised?

Answer 17

-the fact that abolut 1/2 of al prisoners re-offender within a yhear of releazxe suggests that prison is not an effective deterrence
-it is difficult to determine the severity of the punishment for it to be considered effective
-deterrence assumes that people know the punishment
-deterrence assumes that offenders are rational actors, carefully weighing up the risks/benefits but some act irrationally.
-people who break laws they see as unjust are unlikely to be deterred