AC 2.2

Question 1

what are the 6 aims of punishment?

Answer 1

1. Retribution
2. Rehabilitation
3. Deterrence
4. Reparation
5. Public Protection
6. Denunciation

Question 2

where are the 6 aims contained?

Answer 2

Section 42 of the Criminal Justice Act 2003

Question 3

what is Retribution?

Answer 3

• the offender deserves their punishment
• they get their ‘just desserts’
• punishment is seen as public revulsion
• may be seen as revenge.
• looks to provide justice and inflict punishment in proportion to the offence

Question 4

examples of Retribution -

Answer 4

• punishments can be seen as ‘an eye for an eye, a tooth for a tooth or a life for a life’.
• the death penalty could be an example of getting this.

Question 5

what type of theory is Retribution?

Answer 5

backwards looking theory

Question 6

how are the Sentencing Guidelines used in Retribution?

Answer 6

• judges consult the SC Guidelines to make sure they give the most fair punishment for the offence.

Question 7

what punishment links best to Retribution?

Answer 7

• Custodial Sentences e.g mandatory life sentences or indeterminate sentences
• they are the next best thing to the death penalty to fulfill the eye for an eye revenge

Question 8

what theory links best to Retribution?

Answer 8

• Right Realism
• takes the zero tolerance approach
• it is tough on crime and links to the idea of revenge

Question 9

what is Rehabilitation?

Answer 9

• aims to reform the offenders and reintroduce them into society
• presumes criminal behaviour is a result of free will and rational choice
• criminal behaviour is caused by something that the person can do something about e.g addictions, mental health conditions etc.

Question 10

what type of theory is Rehabilitation?

Answer 10

• a forward looking theory
• aims to alter behaviour and make people better

Question 11

what type of punishment links to Rehabilitation?

Answer 11

• community sentences
• the aim is to change the offenders behaviour through drug/alcohol rehabilitation etc.

Question 12

what theory links to Rehabilitation?

Answer 12

• left realism: a focus on practical solutions to crime & find out the causes of it
• behaviour modification: different treatments that criminals could be given e.g anger management courses, that focus on eliminating negative behaviour and promoting desirable ones.

Question 13

what are the 2 types of Deterrence?

Answer 13

• individual
• general

Question 14

what is Individual Deterrence?

Answer 14

• aims to deter the individual from reoffending
• the sentence has to scare the individual enough so they decide to not commit more crimes

Question 15

what punishment links to Individual Deterrence?

Answer 15

• suspended sentence
• will hangover the individuals head & they know if they reoffend they will go to prison
• deters them from committing more crime

Question 16

what theory links to Individual Deterrence?

Answer 16

• Social Learning Theory
• prisons alone aren’t working so the theory labels them as ‘universities of crime’
• many prisoners learn how to commit crime or leave prison with a new drug addiction
• people fear if they go to prison they will get worse

Question 17

what is General Deterrence?

Answer 17

• aims to deter the rest of society from committing similar crimes
• only problem is the public don’t usually hear about the sentences unless they are high profile.

Question 18

what type of punishment links to General Deterrence?

Answer 18

• harsh custodial sentence e.g indeterminate sentence
• links to GD as the rest of society will see & not want to get the same harsh punishment, deterring them from committing crime.

Question 19

The London Riots - General Deterrence

Answer 19

• someone was given 5 months in prison for being given a pair of stolen shorts
• another person was given 4 year for insighting a riot that never actually happened
• society sees these harsh punishments and they are deterred from committing crime during the riots

Question 20

what theory links to General Deterrence?

Answer 20

• Marxism
• they view punishments like the ones given in the London Riots as inevitable
• capitalism is causing inequality
• sentences are used to control the working class who are heavily policed

Question 21

what is Public Protection?

Answer 21

• aim needs to be useful to society
• the sentence must offer protection from dangerous criminals
• may be referred to as incapacitation

Question 22

what punishment links to Public Protection?

Answer 22

• custodial sentence e.g lengthy or indeterminate
• society is protected whilst offenders are in prison because they can’t get out
• community sentences
• offenders can have restrictions on where they can go & what time e.g electronic tag
• some states in the US use chemical castration on sex offenders
• death penalty is used in some places as the ultimate public protection

Question 23

what theory would link best to General Deterrence?

Answer 23

• right realism
• they believe we should impose punishment as social constrains on behaviour are weak
• stricter social control is needed to control crime

Question 24

what is Reperation?

Answer 24

• involves compensating the victim
• includes the offender making amends to the victim or even society
• restorative justice can be used

Question 25

what is Restorative Justice?

Answer 25

• the victim and the offender are willingly brought together to communicate
• victim may ask questions and offender may answer

Question 26

pros and cons of Restorative Justice -

Answer 26

+ may give victim answer to Qs & give them closure
+ may help offender feel remorse & understand how the victim felt - may lead to them not committing further crime
- may not work with sexual offences - too traumatic
- offender may mess with victims emotions
- offender may only take part to get something e.g prison privileges

Question 27

what type of punishment links to Reparation?

Answer 27

• fines
• best form of compensation, it provides a monetary gain to the victim or society
• community sentence
• offender can make up for what they have done by giving back to society

Question 28

what theory links to reparation?

Answer 28

• left realism
• may see the punishment as practical ways to reduce crime
• aims to achieve a more equal, caring society

Question 29

what is Denunciation?

Answer 29

• aims to reinforce the moral and ethical codes of societies individuals
• known as boundary maintenance

Question 30

what are some moral codes that have changed over time?

Answer 30

• homsexuality
• smoking
• the death penalty
• women’s rights

Question 31

what type of punishment links to Denunciation?

Answer 31

• lengthy prison sentence

Question 32

what theory links to Denunciation?

Answer 32

• functionalism
• they see social control ads a means of achieving solidarity
• the setting of boundaries of acceptability toward crime strengthens social cohesion

Question 33

Shannon Matthews - Denunciation

Answer 33

• example of boundary maintenance
• everyone came together to disapprove of what Karen did, they reinforced what is thought of as accepted/unaccepted behaviour
• Feb 19th 2008, 9yr old Shannon went missing, her ‘kidnapping’ had 10% of West Yorkshire Polcie on the case
• her mum was at the centre of the case
• police raided Karen’s boyfriend’s uncle’s home and found Shannon in the base of divan bed
• she was unharmed but had been drugged and tethered
• he confessed that him and Karen had planned the abduction to get the reward money