2.2 - discuss the aims of punishment Flashcards
Retribution - definition, explanation, criticism
Where the defendant is punished so the victim/ society can get revenge - use a proportional punishment to the crime (sentencing council set out tariffs for crimes)
Examples - death penalty for murder, public hanging, prison sentences
Critcism - only punishes after crime has occurred doesn’t look at preventing it, disagreement on what would be a proportionate punishment
Retribution - theories
Right realism - people commit crime because of low punishment, harsh punishment for all crime prevents future crime
Functionalism - punishment such as public hanging allows society to express moral outrage, also reinforce boundaries (boundary maintenance)
Rehabilitation - definition, explanation, criticism
Idea that punishment can be used to reform or change offender’s behaviour so that they can go on to live a crime-free life but rehabilitation numbers are down by 74%
Examples - educational/training programmes (can avoid unemployment and make an honest living), CBT (cognitive behavioural therapy for violent offenders gives tools), drug treatment
Criticisms - Marxists say rehab shifts blame to offenders failure (should focus on preventing capitalism), Right realism say it has limited success as recidivism is high in UK
Rehabilitation - theories
Skinner - operant learning theory, favours rehab as it conditions positive behaviour
Left realism - believe causes of crime are due to socialisation and deprivation, not the offenders fault so supports rehab over punishment
Deterrence - definition, explanation, criticism
Discouraging an action (typically criminal) due to the fear of being punished
General deterrence - aimed at the public, know a criminal received harsh sentence (don’t want the same, deterred)
Individual deterrence - aimed at preventing someone from re-offending (know the punishment, won’t commit)
Criticism - ignores that people may act irrationally (Eysenck), only 5% of burglaries are convicted (uncertainty won’t deter)
Deterrence - theories
Rational choice theory - the offender makes a logical decision based on risk and reward, if risk of punishment is too high then reward of crime isn’t worth it
Social learning theory - imitate actins of role models if not observing negative sanctions as there’s no deterrent
Public protection - definition, explanation, criticism
Keeping all members of society safe from harm, by making the offender physically inacapable of committing crime
Examples - chemical castration, prison, curfew/tagging, death penalty
Criticism - doesn’t prevent crime in the first place, just prevents re-offending
Public protection - theories
Biological theories - believes offenders are ‘born criminal’ so there’s no way to prevent behaviour, can only keep public safe from the inevitable
Reparations - definition, explanation, criticism
Making amends to the individual who was wronged or society an enforced by the courts
Examples - unpaid community work, compensation for the victim
Criticism - may not work for all offences (murder) or offenders (willing), lets offenders off too lightly
Reparations - theories
Functionalism - Durkheim argues that reparations is a chance to put things back to how they were before the crime, so is necessary for society to function
Labelling theory - favours restorative justice as a way of integrating previously excluded prisoners into society, by allowing them to show remorse they’re permitted into society
