2.2- discuss the aims of punishment Flashcards
Retribution - ‘just deserts’
Meaning retribution is based on the idea that criminals should get their ‘just desert’, offenders deserve to be punished and society is morally entitles to take its revenge.
Retribution - proportionality
The punishment should fit the crime, it should be equal: ‘an eye for an eye, a tooth for a tooth, a life for a life’. This is why some people argue that murderers should suffer death penalty. This leads to a ‘tariff’ system or a fixed scale of mandatory penalties for different offences.
Retribution - expressing moral outrage
Its a way for society to express its moral condemnation or outrage of the offender. A justification for punishing crimes already committed, not preventing future ones.
Retribution - an example
Hate crimes carry an ‘uplift’ or higher tariff sentences, because it reflects society’s outrage of the offence. The maximum penalty for grievously bodily harm is 5 years bit if you can prove it was racially motivated it can be increased to 7 years.
Retribution - with theories
It is linked to right realist theories of criminality, such as rational choice theory. Like these retribution assumes offenders consciously choose to commit crimes and weigh up benefits and negatives and are fully responsible, therefore must suffer consequence. It also links with functionalists like Durkheim who believe retribution acts as a function for boundary maintenance, reminding everyone else what is right and wrong.
Criticisms of retribution
Can be argues defenders deserve forgiveness, mercy or another chance to make amends. If there is a fixed tariff, punishment has to be inflicted even where no good is going to come of it. How do we decide what is a proportionate penalty and what isn’t.
Rehabilitation
The idea that punishment can be used to reform or change offenders, so they no longer offend and go on to live a crime-free life. It uses various treatment programmes to change the offenders future behaviour by addressing the issues which led to their offending.
Rehabilitation - policies
Education and training programmes, anger management courses and drug treatment or testing orders. Community sentences often include requirements for offenders to engage in such programmes as part of their sentence.
Rehabilitation - support
Rehabilitation polices generally require offenders to actively want to change their lives, resources, professional support, probation officers and others to achieve change. This is crucial when excluded from mainstream society and need to be reintegrated into community.
Rehabilitation - with theories
It is linked to individualistic theories, as seeing rehabilitation as a significant aim of punishment. As well as cognitive theories, (cognitive behavioural therapies) to teach offender the correct thinking errors and biases. Also eyesnck’s personality theory: favours the use of aversion therapy. Also Skinner’s operant learning theory: the usage of token economies to promote acceptable behaviour. AND sociological theories like left realism, looking at causes like unemployment, educational opportunities and poverty.
Criticisms of rehabilitation
Right realists argue it has limited success, in that many re-offend after undergoing programmes. Marxists criticise it for shifting responsibility on individual offenders failings in life rather than how capitalism has led people to crime.
Deterrence
To deter someone from doing something is to put them off doing it, the fear of being caught and punished may deter people from committing crime.
Individual deterrence
Uses punishment to deter the individual offender from re-offending, may convince the offender that it is not worth repeating the experience. Based on the argument that ‘prison works’.
General deterrence
Aims at deterring society from breaking the law, if the public is to see an individual offender being punished, they will also see that they suffer the consequences and can envision this if they commit a similar crime: making an example of the individual to teach others a lesson.
General deterrence - examples
Executions, floggings or putting offenders in the stocks.