2.2- Discuss the aims of punishment Flashcards
what are the sims of punishment?
retribution, rehab, deterrence, public protection, reparation
what is retribution?
Inflicting punishment on an offender as vengeance for a wrong criminal act.
-based off the idea that criminals should get their ‘just deserts’ they should be punished and society should be entitled to take its revenge. Offender should be made to suffer
retribution- proportionality
Punishment should fit the crime. ‘eye for an eye’ E.g. some argue murderers should have the death sentence. Leads to a fixed scale of penalties for each crime
retribution- moral outrage
-although it deters, retribution has the purpose of expressing moral outrage at the offender. Retribution is a way in punishing crimes that have already happened, not preventing further ones. Punishments itself is morally good. E.g. is Grievous bodily harm being increased max sentence from 5 to 7 if its racially motivated
What theory is retribution linked to?
right realist theories like rational choice theory- Like these retribution assumes the offender is a rational actor so what ever they choose to do is thier responsibility.
-for functions sociologists the moral outrage it expresses performs the function of boundary maintenance.
what are the limits of retribution?
-can be argued offenders deserve forgiveness, mercy or chance to make amends
-fixed tariff or penalties can result in punishments being inflicted even if there is no good that comes out of it- e.g. the offender is already remorseful
-How do we decide what is proportionate/ just desert? Media crimes are taken more seriously
what is rehab?
-uses various treatment programmes
-aims for punishment to be used to reform or change offenders so they no longer offend
examples of rehab policies:
education and training programmes: avoid unemployment and live honest life
Anger management courses such as cognitive behavioral therapy
Drug treatment and testing orders
These are all often requirements for the offender to engage in
requirements of rehab policies:
support- input and resources from professionals like probation officers and therapists etc. Particularly in cases where they need to learn to renter society
what theory goes with rehab?
Individualistic theories that advocate ways of changing the offenders behaviour:
-Cognitive theories e.g. CBT
-Eysenck personality theory: aversion therapy
-Skinners operant learning theory
-sociological theories such as left realism as they regard factors such as poverty as causes of crime
criticisms of rehab
limited success- re offending rates
Marxists say shifting responsibility onto individuals offenders failings rather than talking about how capitalists can lead to crime
what is deterrence
deter someone from doing something, e.g. fear of being caught
describe individual deterrence
-specific deterrence uses punishment to deter the individual- e.g. may convince its not worth repeating.
-‘prison works’ based on idea that if sentences or environment are tough enough it will defer others, e.g. Margret Thatcher introducing a new though system in juveniles detention tough system and American boot camps.
describe general deterrence
deterring society. If they see and individual offender be published they wont want to be punished in the same way. In past this worked with public executions and flogging etc, now it is published by media reports
deterrence severity v certainty
severity- if it is a severe punishment but you are unlikely to be caught this could lead to less deterrence. E.g. min sentence of three years for a domestic burglary but only 5% cases are successfully convicted. On the other hand if they are likely to be caught this is a good deterrence
theory that links to deterrence
right realism
-rational choice theory (rational actors who way up benefits before offending)
-situation crime prevention strategies: e.g. target hardening make it harder to commit a crime successfully- deterrent
social learning theory: general deterrence: offenders see a model getting punished
What is public protection
Incapacitation punishments may be used to protect the public from harm, removing the offenders capability to offend again
incapacitation policies (public protection) examples:
-executions
-cutting off hands
-chemical castration
-banishment
-foreign travel bans (football hooligans)
-curfews and electronic tagging
imprisonment as public protection
main means of incapacitation- part of the claim that prison works by taking them out of society, protecting the public.
Has influenced sentencing laws: Crime sentences act of 1997 said mandatory minimum jail sentences for repeat offenders: e.g. automatic life for serious sexual or violence offences.
Also criminal justice act 2003: introduced: imprisonment for public protection allowing courts to give a sentence with no fixed release date for people with has serious violent or sexual offences. Three strikes and your out law as well in 1990s for third offence how ever small it was if their previous two were serious enough.
-JERRY WILLIAMS JAILED FOR 25 YEARS: slice of pizza theft
what theory does public protection link to
Biological theories: Lombroso argued criminals are biologically different from others, cannot be saved, favoured putting them in exile e.g. islands.
Rights realists: see incapacitation way as protecting public from crime. Small number of persistent offenders are responsible for most crimes so they should be locked away
limits of public protection
-leads to longer sentences and long term warehousing of offenders with little hope of release. Leads to rising prison population and cost
-incapacitation is a strategy of containment or risk management. Does not deal with reason for crime or make them into law abiding person
-three strikes principle re punishes individuals for their previous crimes
-unjust as it imprisons them for crimes the law assumes they may commit in the future
reparation- what is it?
offender making amends for the wrong they have committed to an individual/ society. examples can include: financial compensation or unpaid work
restorative justice: reparation
-individual recognizing what they have done wrong. Can be done by restorative justice schemes, that bring offender and victim together.
-allows victim to explain the impact it has had, offender realizes harm they have caused express their remorse and seek forgiveness. Helps bring closure for victim and re-enter offender into society
theory linked to reparation
Labelling theory: favours this way as re entering offender into mainstream society By enabling remorse, prevents them being pushed into secondary deviance.
Functionalists: E.g. Durkheim. Argue restitutive justice (putting things back how they were before) is essential for smooth rolling societies
