AC 2.2 Flashcards
Under section 24 of the criminal justice act 2003, what is the purposes of punishment?
Punishment of offenders
Reduction of crime
Rehabilitation of offenders
Public protection
Reparation by offenders to their victims
What is retribution?
‘Just desserts’ - offenders deserve punishment and society is entitled to take revenge on those who violate its moral codes. Punishment should be proportionate to the offence, ‘an eye for an eye;. Therefore, it doesn’t seek to change behavior
What phrase can we use to describe how retribution works?
‘just desserts’
How is retribution an expressive theory of punishment?
retribution expresses societies moral outrage . This aim does not seek to change future behaviour
What 2 aims can punishments either have?
expressive
instrumental
What do we mean by an expressive aim of punishment?
Expressive expresses outrage
What do we mean by an instrumental aim of punishment?
instrumental seeks to change future behaviour by reducing the likelihood of offending
Is punishment focused on the seriousness of the offence or the offender themselves in regards to retribution?
the seriousness of the offence
What are examples of punishments that show the aim of retribution?
Racially aggravated offence may attract an uplift - increase- in a sentence
The tariff system for murder and mandatory sentences for some serious offences if justified because the punishment will fit the crime. E.g. a vicious murder may attract an extended tariff or even a whole life order
What theories link to retribution?
Right realist theories of crime - rational choice theory
Functionalism - durkheim argued that punishment of offenders reinforces boundary maintenance
What is rehabilitation?
The assumption is that punishment can reform the offender
Is rehabilitation an instrumental or expressive form of punishment?
instrumental
How is rehabilitation a instrumental form of punishment?
rehabilitative sentences aim to prevent future offending by changing behaviour
What are examples of rehabilitation as a form of punishment?
Unpaid work under the Community Payback Scheme
Drug testing and treatment programs
Anger management courses
Mental health treatment programs
What are the potential problems with rehabilitation?
Offenders should want to reform their behaviour
Resources and professional support needed
Not regarded as ‘punishment’ by the public.
What are the potential problems with retribution?
It can be argued that offenders deserve forgiveness/mercy.chance to make amends
If there is fixed tariff of penalties, punishment has to be inflicted even where no good is going to come out of ot, e.g. remorseful offender who will commit no further crimes
How do we decide what is a proportionate penalty. People have disagreements about which crimes are more serious than others.
How does social learning theory link to rehabilitation?
behaviour modification programmes, e.g. anger management courses, could help prevent re-offending
How does social learning theory link to rehabilitation?
=behaviour modification programmes, e.g. anger management courses, could help prevent re-offending
How does Eysenck’s personality theory link to rehabilitation?
favors the use of aversion therapy.
How does skinners approach to behaviorism link to rehabilitation?
operant conditioning – suggests that the use of token economies in prisons might lead to pro-social behaviour.
What 3 induvidualistic theories link to rehabilitation?
skinners approach to behaviorism
Eysenck’s personality theory
social learning theory
What 2 sociological theories link to rehabilitation?
left realism
labelling theory
How does left realism link with rehabilitation?
prison alone is an ineffective method of reducing crime. Since socio-economic inequalities cause so much crime, addressing the offender’s educational / employment needs etc. will help reduce future offending.
How does labelling theory link to rehabilitation?
LABELLING THEORY: To reduce crime, offenders should be reintegrated back into society by giving them the opportunity to show genuine remorse. This helps to remove the label of ‘offender’ because rehabilitation prevents the individual from being seen as a criminal (by others and themselves).
How does deterrence work as a form of punishment?
sentencing can prevent further offending
What do deterrent policies often link to?
Penal Populism - ‘Prison works’ policy (1980)
How does individual deterrence work?
Sentence will be tailored to deter individual offender from re-offending
How does general deterrence work?
Works on the principle that if we see an individual being punished, the rest of society will fear the same
What is the aim of general deterrence?
This type of deterrence aims to dissuade members of society from committing offences
What does the effectiveness of a deterrent depend on?
the chances of getting caught (individual and general deterrence)
Example of general deterrent sentencing (burglary)
mandatory sentence of 3 yrs. imprisonment for a 3rd domestic burglary (introduced by the Crime (Sentences) Act 1997 – now in the Sentencing Act 2020)
Why does the effectiveness of general deterrence lower when the chances of getting caught are lower?
If we see an offender being punished severely for an offence but there is little chance of being caught, then the sentence is unlikely to have a deterrent effect on others. E.G. mandatory 3yr imprisonment for 3rd domestic burglary but only 5% are convicted.
What strategies does general deterrence link to?
SITUATIONAL CRIME PREVENTION STRATEGIES, e.g. target-hardening makes it hard to commit crime & may deter would-be offenders.
examples of deterrent sentences (3)
Automatic life sentences for a 2nd serious violent or sexual offence
Min. 3 years in prison for 3rd domestic burglary
Harsh sentences imposed on 2011 rioters
How does social learning theory link to deterrence?
SOCIAL LEARNING THEORY: would-be offenders less likely to imitate behaviour when they see others being punished
What theories does deterrence link to?
social learning theory
right realism
functionalism
labelling theory
How does right realis link with deterrence?
rational choice theory – would-be offenders make decisions on a cost-benefit analysis basis. Therefore, harsher sentences, e.g. automatic life sentences for a 2nd serious violent or sexual offence, will deter individuals & the rest of society from offending.
How does functionalism link to deterrence?
Durkheim suggested that punishment of offenders – and seeing others punished - reinforcessocial regulation – the social boundaries of acceptable behaviour.
This is because punishing the individual discourages them from future offending – and others - by making an example of them.
How does labelling theory link to deterrence?
To reducing crime, offenders should be reintegrated back into society by giving them the opportunity to show genuine remorse.
This helps to remove the label of ‘offender’ because rehabilitation prevents the individual from being seen as a criminal (by others and themselves).
How does public protection work as an aim of punishment?
Punishment should protect the public from further offending by an individual. Takes serious offenders out of society – therefore protecting the public from further offences
Examples of incapacitation
execution
physical punishments
chemical castration
foreign travel bans
curfews
exile
imprisonment
What is an example of a sentence created to meet the sentencing aim of public protection?
Automatic life sentences for 2nd serious sexual or violent offence: Crime (Sentences) Act 1997
What is an indeterminate sentence?
Indeterminate sentences (i.e. with no fixed release date) could be imposed on dangerous offenders convicted of violent, sexual or terrorist offences.
What act introduced indeterminate sentences?
Criminal Justice Act 2003 (but see now the Sentencing Act 2020)
How does public protection as an aim of punishment link to lombrosos theory?
Since criminals are a distinct biological class that is different from the rest of the population, it is not possible to rehabilitate them. Therefore, removing offenders from society by detaining or exiling them is the only way to protect the public from these inherited traits. Some biological theories favour castration to prevent offenders’ from having children with the same criminal genetics.
How does public protection as an aim of punishment link to right realism?
Social constraints on behaviour are weak & sentencing is too lenient.
Therefore, more social control is necessary.
Further, since a small no. of offenders are responsible for much recorded crime, extended prison terms are necessary to protect the public.
What theories can be linked to public protection as an aim of punishment?
right realism
lombrosos criminal man
How does reparation work as a form of punishment?
Offenders makes amends for their wrong, either to individual victim or to wider society
What can reparation either be focused on?
Financially or socially
Example of a financially focused form of reparation
Order to pay the victim compensation
Example of a socially focused form of reparation
RESTORATIVE JUSTICE is another kind of reparation (introduced by the Crime & Disorder Act 1998) where offender & victim meet with a mediator
What are the advantages of reparation? (3)
Empowers the victim – gives them a voice
Requires the offender to confront their behaviour
May lead to a change in offender’s behaviour and so reduce crime
What are the disadvantages with reparation? (2)
Requires offender / victim’s agreement
Likely to work better with offenders who admit guilt at an early stage and show remorse
What theories can be linked to reparation as a form of punishment?
labelling theory
functionalism
How can we link labelling theory to reparation as a form of punishment?
conformity to a master label of ‘deviant’ perpetuates offending. Restorative justice is more likely to reintegrate the offender back into society by reducing the likelihood of re-offending.
How can we link functionalism to reparation as a form of punishment?
Durkheim: restitutive justice (another phrase for reparation) is essential for smooth functioning of modern societies.
