2.2 unit 4 Flashcards
what is sentencing?
issuing of a punishment once someone is convicted of a crime ensuring it fits the crime/ is appropriate
what are some factors the judge takes into account when issuing a sentence?
background
previous comnvictions
risk to public
seriousness of offence
main 6 aims of punishment?
retribution
reparation
rehabilitation
deterrence
denunciation
incapacitation
what is detterence?
putting of offenders from breaking the law through the fear of future punishment, punishment is not worth it
what types of sentences achieve deterrence?
suspended sentence
harsh sentences for minor offences
what are the theoretical links to deterrence?
right realism- rational choice theory if it cost is harsher less likely to commit crime. believes in target hardening
Marxists- means to control the working class by capitalist upper class
social learning theory- see offender being punished less likely to imitate behaviour
prison can be where deviant subcultures are learnt
criticisms of deterrence?
recidivism rates suggest it doesn’t act of a deterrent
assumes people know what punishments are for certain crimes
assumes offenders act rationally and weigh up risks
what is retribution?
offenders have a fixed tarrif to achieve an eye for an eye, deserves punishment for wrongdoing ‘getting just desserts’
what types of sentences achieve retribution?
custodial sentences- long tarrifs
community sentences
what are the theoretical links to retribution?
right realism- ensures defendant is being punished and suffering outrage from society (rational choice theory)
functionalism- durkheim believes retribution performs boundary maintenance and reminds everyone what is right or wrong, value consensus
criticisms of retribution?
offenders deserve forgiveness and to make amends
fixed tarrif doesn’t take into account individual circumstances
proportianlity is subjectice
harsh sentneces can make people ‘hate the system’
what is rehabilitation?
aims to alter behaviour to ensure offenders wont re offend and tries to reintroduce them into society
what types of sentences achieve rehabilitation?
community sentences that involve rehab such as anger management, education and training programmes, drug treatment and professional support
what are the theoretical links to rehabilitation?
cognitive theories- CBT corrects faulty thinking that could lead to crime
eyesenk- aversion therapy for those with a criminal personality
operant conditioning- use of token economies to encourage better behaviour
left realist- wants to understand underlying cause of behaviour
criticisms of rehabilitation?
many do re offend after rehabilitation
Marxists- shift responsibility onto individual instead of how capitalism leads people to commit crime
what is incapacitation?
keeps society safe by having offenders locked away, or away from situations where oppurtunites to reoffend could be present
what types of sentences achieve incapacitation?
prison
travel bans
curfew
tag
ban/prohibited areas
what are the theoretical links to incapacitation?
right realist- want to protect public, social constraints are weak so incapacitating should reduce crime
biological- lombroso says criminal are biologically different so change to behaviour isn’t possible so exile may be best option
criticisms of incapacitation?
leads to longer sentences with little hope of release, increases prison population
containment/ risk strategy doesn’t change behaviour
what is reparation?
repairing damage done by the offender
what types of sentences achieve reparation?
community sentences eg giving back stolen goods, fixing something, restorative justice
what are the theoretical links to reparation?
left realism- practical measures to solve crime to make an equal and caring society
labeling- favors rj as it integrates offenders into society and removes label to avoid secondary deviance
functionalist- making amends is essential for social cohesion
criticisms of reparation?
too soft form of punishment
not all types of offence can repair the damage eg; murder
some victims don’t want to meet the offender/ are already caused harm eg sexual and violent offenders
what is denuciation?
society showing disaporval of offenders behaviour and reinforces what society thinks is immoral
what are the theoretical links to denunciation?
labeling- produces further crime due to people turning into a self fulfilling prophecy once labelled
functionalist- ensures boundary maintenance/ value consensus when we all show disapproval which strengthens society = social cohesion
criticisms of denunciation?
can lead to more crime through sekf fuffiling prophecy
