2.2 UNIT 4: DISCUSS THE AIMS OF PUNISHMENT Flashcards
What are the aims of punishment?
Retribution
Rehabilitation
Reparations
Public safety
Deterrence
Outline the aims of retribution?
Based on the idea of ‘just deserts’
The idea of proportionality e.g. the punishment should fit the crime
Allows society to show moral outrage
Centres victims of crimes
Based on right realist theories e.g. rational choice theory and boundary maintenance
What are some criticisms of retribution
Offenders should be given a chance to make a mends and be rehabilitated
If there are a fixed tariffs on penalties, offenders are punished even if it is not in the benefit of society.
How can the criminal justice system ethically decide what is penalties are proportionate to crimes?
Outline the aims of rehabilitation
To reform offenders
To provide education, therapy, drug treatments, anger management programs
Operant conditioning e.g. token economies can be effective
What are some criticisms of rehabilitation?
Right realists argue that this is not effective due to high recidivism rates.
Most prisons are under- funded and do not provide effective programs.
Marxist criticise rehabilitation as it shifts blame onto individual offenders failings and off of social inequality and poverty
Many Marxists argue rehabilitation is not effective as it does not fix societal issues.
Outline the aims of reparations
Can be fulfilled through fines, community sentences or free community labour.
Works as an individual (reference rational choice theory + restorative justice).
Brings victims and offenders together which can prevent high recidivism.
Centres victims need or want for the offender to show remorse and seek forgiveness.
Theories that link:
labelling theory supports restorative justice as it enables remorse and proactive changes in attitudes.
Functionalism links to restitutive justice which allows reparations to return things to how it was before and allows smooth functioning of society.
Evaluate reparations as a aim of punishment
Victim focused
Prevents recidivism rates
Allows offenders to see the error of their ways
Doesn’t work all the time such as murder and sexual offences
Restorative justice can only work in very specific circumstances and only when an offender pleads guilty and the victim agrees.
Define and outline the aims of deterrence
General deterrence: aims to prevent society from committing crimes
Individual deterrence: aims to prevent individuals from committing crimes (links to rational ideology theory)
Aims of general deterrence:
Makes and example of criminals publicly Vicarious reinforcement is achieved when members of society see consequences to crimes and are less likely to commit them.
severity vs certainty: some crimes are less punished then others e.g. fraud, meaning people aren’t deterred from committing fraud as they do not see the negative consequences.
Links to target hardening
Evaluate deterrence as an aim of punishment
UK recidivism rates are still high with young and old offenders
Deterrence does not work in cases where people commit crime due to societal issues
Deterrence assumes offenders know the consequences of offences, but that isn’t the case
Outline public protection as an aim of punishment
Incapacitation, or community sentences serve as public protection as criminals freedoms are limited.
This can be done through custodial sentences, execution, travel bans, curfews etc.
The crime sentencing Act set a minimum sentence for repeat offenders to that society is protected e.g. 7 years for third class drug trafficking
What theories link public protection?
Biological explanations: Lombroso’s theory explains that people are born criminal and should be incapacitated for public safety as they cannot be rehabilitated.
Right realism: long term incapacitation protects the public for longer terms and reduces crime rates.
Evaluate public protection as an aim of punishment
Custodial sentences do not aim to fix societal problems such as poverty and lack of education (which causes crime) due to this, there are still high recidivism rates from young and older offenders. This means that in the long- term, the pubic is not protected.
Prison is a breeding ground for criminality as young offenders often learn better ways to commit crimes and make criminal connections via prisons.
Crime is not proportionally tackled and the police often drop SA, violent crimes, and rape cases due to their lack of funds.
