2.2-Forms of Punishment Flashcards
what are the aims of punishment?
(PPRRR)
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
define retribution
-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
how is moral outrage linked to retribution?
-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
what is proportionality?
-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
what are the criticisms for retribution?
-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)
which theories link the retribution?
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
define rehailitation
-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)
Give examples of rehabilitation programmes
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
community sentences/rehabilitation programmes
-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
What theories can be linked to rehabilitation?
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
what are the criticisms of rehabilitation?
-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
define deterrence
putting people off of committing crime
what is individual deterrence?
-known as ‘specific deterrence’
-used to deter the individul offender from re-offending
-punishment shows the offender the crime is not worth the punishment
what is General detterence?
-it aims to deter society as a whole
-the public see the individuals being punished
-actions have consequences
severity vs certainty
-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
what theories can be linked to deterrence?
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
why is deterrenc critcised?
-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
what is means by public protection?
-punishment is used to protect the public by incapacitating the offender
what is meant by incapactitation?
-the use of punishment to remove the offenders physical capacity to offend again
what theories can be linked to public protection?
Right Realism:
-incapacitation is being used ti protect public from crime
-a small number of persistent offenders are responsible for the majority of crime and incapacitating them means crime rates will lower.
Lombroso:
-argued that criminals are biologically different and impossible to rehabilitate
-favoured sending habitua offenders to exile (detain them on an island away from society)
give examples of incapacitation policies
-execution of offenders (prevent further crime)
-cutting of hands of thieves
-chemical castration of sex offenders
-banishment (early 19th century convicts were sent to Australia
-foreign travel bans (prevent football hooliganism)
-curfews and electronic tagging (restrict the movement of offenders)
explain imprisonment
-its the main means of incapacitation
-taking offenders out of society prevents them from committing further crimes against the public
-Incapacitation for public protection has influenced sentencing laws (Crime Sentencing Act 1997 introduced mandatory minimum jail sentences for repeat offenders)
–>Automatic life sentences for a 2nd serious sexual/violent assualt
–>7 yrs minimum for a 3rd class A drug trafficking offence
–>3yrs minimum for a 3rd domestic burglary conviction
-the CJA introduced the idea of “imprisonment for public protection” (IPP) which allowed courts to give indeterminate sentences to dangerous offenders convicted of certain violent/sexula offences
-the US has a “three strikes and you’re out” policy which give the offenders long prison sentences for a 3rd offence (if the previous 2 were serious)
what are some criticisms of public protection?
-incapacitation leads to longed sentencing and long term ‘warehousing’ of offenders with little hope of release
-incapactiation is a strategy of containing or risk management of crime- it does not deal with causes of crime
- threes strikes principle re-punishes people for their previous crimes
-unjust because it imprisons them for crimes that the law assumes they may commit in the future
what is reparation?
-it involves the offender making amends for a wrong that they have done to an individual victims/society as a whole/both
what are some theories linked to reparation?
labelling theory:
-favors restorative justice as it reintegrates offenders into mainstream society
-by enabling them to show genuine remorse it allows reintegration and prevents them from being pushed into secondary deviance
functionalism:
-Durkheim argues that reparation causes denunciation (showing offenders that society disapproves of their behaviour and that it is unacceptable)
-social control achieves solidariy in society
-the setting of boundaries of acceptability towards crime strengthens social cohesion
what are some criticisms of reparation?
-reparation may not work for all types of offences
-compensation for damage to property or minor offences may be fairly straightforward while making reparation for sexual/violent offences is difficult
-reparation to homicide victims is impossible
-reparation is too soft and offenders get off lightly
how can offenders make reparation for material damage?
financial compensation:
-can be paid to the victims (repair damage done to someones property)
-courts can impose compensation orders on offenders
unpaid work:
-to make reparation to society through community payback (removing graffiti from public buildings)
-imposed by courts as a community order
what is restorative justice?
-making amends for social damage
-involves the offender recognising the wrongfulness of their actions
-brings the offenders and victims together and allows the victim to explain the impact the crime had on them
-offenders can come to appreciate the harm that they have caused and express their remorse to seek forgiveness
-restorative justice can help to bring closure to the victim and reintegrate them into society
