AC 2.2 Flashcards
Discuss retribution as an aim of sentencing
Retribution is based on the idea that an offenders behavior is deserving of punishment. It does not seek to alter future behavior merely to inflict punishment in proportion to the offense. An eye for an eye. If a person’s offending has adversely affected the public or if the public requires protection then a prisoner must go to prison. Retribution contains an element of revenge, in that society and the victim are being avenged for the wrong done.
Discuss rehabilitation as an aim of sentencing
Rehabilitation is a forward looking aim with a hope that the offenders behaviour will be altered any they will not reoffend. Prison aims to provide direction and rehabilitate prisoners so they can re enter society when they leave prison. Rehabilitative sentences can be seen as controversial because they amy be seen as rewarding the offender rather than punishing them. Resources an staff investments for rehabilitative sentences are also expensive and time consuming. Education and training programmers are used to help prisoners avoid unemployment however these types of programmmes require offenders to actively want to change their selves.
Discuss deterrence as an aim of punishment
This aims to put offenders off committing a crime originally or committing further crimes this can be through the fear of being caught and punished. Deterrence can be individual or general. General deterrence sends out a clear message to potential offenders within society that prison is an option for them. If the public see and individual offender being punished they will see what they may suffer if they decide to also commit a crime. Making an example of an individual will have a general effect and teach everyone a lesson. Individual deterrence uses punishment to deter the individual from reoffending. About half of all prisoners reoffend within a year suggesting that prison is not an effective deterrent. It is difficult to determine how severe a punishment needs to be to deter effectively. Deterrence assumed that offenders act rationally and weigh up the risks carefully however many offenders act irrationally and are driven by emotions.
Discuss public protection as an aim of punishment
Takes offenders out of circulation of society to prevent them from committing further crime against the public. The court is allowed to give an indeterminate sentence to a dangerous offender for protection of the public. Lombroso argued that criminals are biologically different from the rest of the population and it is not possible to change or rehabilitation therefore favouring incapacitation for public protection. Right realists also see incapacitation as a way of protecting the pubic. Incapacitation is a strategy of containment or risk management but does not deal with the root causes of crime to rehabilitate offenders. Incapacitation is unjust because it imprisons them for crimes that the law assumes they may commit in the future
Discuss public protection as an aim of punishment
Takes offenders out of circulation of society to prevent them from committing further crime against the public. The court is allowed to give an indeterminate sentence to a dangerous offender for protection of the public. Lombroso argued that criminals are biologically different from the rest of the population and it is not possible to change or rehabilitation therefore favouring incapacitation for public protection. Right realists also see incapacitation as a way of protecting the pubic.
Discuss reparation as an aim of punishment
Involves the offender making amends for a wrong they ave done to an individual, the society or both. Restorative justice involves making amends and the offender recognises the wrongfulness of their actions. The victim and offender a brought together with help of a mediator, the victim can explain the impact of the crime. The labelling theory favours restorative justice as a way of reintegrating offenders into mainstream society.
