2.2- aims of punishment Flashcards
what are the 6 aims of punishment set out from the criminal justice act 2003
-retribution
-rehabilitation
-reparation
-deterrence
-denunciation
-public protection
what is retribution
-concept of delivering a just and proportionate desert
-ensures revenge as the offender is held accountable purlely on the crime they committed
-“an eye for an eye”
-backward looking aim
what punishments meet the aims of retribution
-mandatory life sentences for murder such as a whole life tariff
-fines based on the severity of the crime
-captial punishment is the ultimate form of revenge, such as the death penalty
what case study reflects retribution
in 1964 evans and allen were the last people in the UK to recieve the death penalty, this was for a brutal robbery to a shopkeeper
what synoptic links reflect retribution
-right realism as strict social control ensures a proportionate consequence, this also ties to rational choice theory
-functionalism as maintaining order through having shared norms which will reinforce a collective conscience
what are the strengths and weaknesses of retribution
strengths:
-provides moral statisfaction
-ensures consistency and fairness
-upholds the principle of justice
weaknesses:
-doesnt adress the root cause
-doesnt prevent reoffending leading to perpetuated cycles of violence
what is rehabilitation
-focusing on reforming the offender to prevent re-offending
-therefore adress the root cause of crime
-help offenders reintegrate back into society
-forward looking aim as changes future behaviour
what punishments meet the aims of rehabilitation
-drug rehabilitation
-community orders
-education programmes in prison
-community payback
-probation
what case study reflects rehabilitation
-Jason Warr was convicted of murder in 1993
-after 12 years in prison he participated in various education programmes
-since release he continued his education where he completed a degree, and is now an associate professor at nottingham
what synoptic links reflect rehabilitation
-SLT: rehabilitation fosters environments of postitive role models and rewards of prosocial behaviour which reshapes the offenders actions
-left realism: supports rehabilitation through education, helping offenders reintegrate back into society and reduce marginalisation
what are the strengths and weaknesses of rehabilitation
strengths:
-addresses underlying causes
-promotes reintegration
-reduce recidivism rates
weaknesses:
-not all offenders respond positively
-expensive and resource intensive
-public perception favour harsher punishments
what is deterrence
-discouraging behaviour by instilling fear of punishment
-looking forward aim
-individual deterrence discourages specific offenders reoffending
-general deterrence discourages the general public
-effectiveness relies on certainy, severity and speed of punishment
what punishments meet the aims of deterrence
individual:
-suspended sentence
-electronic tagging
-short custodial sentences
general:
-lengthy custodial sentence
-community payback
-driving bans
what case study reflects deterrence
-london riots of 2011
-21 year old recieved a 6 months inprisonment for stealing £3.50 worth of water
this sends a strong message to the public
what synoptic links reflect deterrence
individual:
-SLT: individual will learn from their experience and willl visually see the harsh consequences
-right realism: individuals will avoid crime when the costs outweigh the benefits(rational choice)
general:
-marxism: the ruling class uses deterrence to control the working class
what are the strengths and weaknesses of deterrence
strengths:
-preventative measure
-demonstrates societies intolerance
-reinforces moral boundaries
-weaknesses:
-relies heavily on rational decision making
-challenging to enforce consistently
-leads disproportionate sentencing
what is public protection
aka incapacitation
-aims to safeguard society by physically restricting offenders
-forward looking aim
-raises ethical concerns on individual liberites while balancing societal safety
what punishments meet the aims of public protection
-whole life orders
-electronic tagging
-restraining orders
-banning orders
what case study reflects public protection
-wayne couzens in 2021 recieved a whole life order meaning he had no possibility of release
-due to abducting, raping and murdering Sarah Everard by committing a false arrest by abusing his power of being a serving met police officer
what synoptic links reflect public protection
Lombroso:
-isolating “born criminals” through long term imprisonment to protect society
right realism:
-supporting incapacitation through long sentences and indefinate detention
what are the strengths and weaknesses of public protection
stengths:
-ensures immediate safety
-reduces recidivism
-effective in managing high risk offenders
weaknesses:
-ethical concers
-doesnt adress the root cause
-expensive to implement
what is reparation
giving back to society
-making amends to victims and society
-this restores balance and repairs relationships
-encourages accountability and reconciliation
looking forward aim
what punishments meet the aims of reparation
-criminal compensation orders: paying for harm caused
-community payback: unpaid work for the benefit of the local community
-restorative justice: victim and offenders having meetings to rebuild trust
what case study reflects reparation
BP oil spill in 2010
-in the gulf of mexico where there was an estimated of 134 million gallons of oil spilled
-recievd a financial pentaly of $20.8 billion in 2015
-to repair for harm caused to communities
