AC 2.2 Flashcards
what are the 6 aims of punishment?
- Retribution
- Rehabilitation
- Deterrence
- Reparation
- Public Protection
- Denunciation
where are the 6 aims contained?
Section 42 of the Criminal Justice Act 2003
what is Retribution?
- 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
examples of Retribution -
- 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.
what type of theory is Retribution?
backwards looking theory
how are the Sentencing Guidelines used in Retribution?
- judges consult the SC Guidelines to make sure they give the most fair punishment for the offence.
what punishment links best to Retribution?
- 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
what theory links best to Retribution?
- Right Realism
- takes the zero tolerance approach
- it is tough on crime and links to the idea of revenge
what is Rehabilitation?
- 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.
what type of theory is Rehabilitation?
- a forward looking theory
- aims to alter behaviour and make people better
what type of punishment links to Rehabilitation?
- community sentences
- the aim is to change the offenders behaviour through drug/alcohol rehabilitation etc.
what theory links to Rehabilitation?
- 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.
what are the 2 types of Deterrence?
- individual
- general
what is Individual Deterrence?
- aims to deter the individual from reoffending
- the sentence has to scare the individual enough so they decide to not commit more crimes
what punishment links to Individual Deterrence?
- suspended sentence
- will hangover the individuals head & they know if they reoffend they will go to prison
- deters them from committing more crime
what theory links to Individual Deterrence?
- 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
what is General Deterrence?
- 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.
what type of punishment links to General Deterrence?
- 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.
The London Riots - General Deterrence
- 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
what theory links to General Deterrence?
- 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
what is Public Protection?
- aim needs to be useful to society
- the sentence must offer protection from dangerous criminals
- may be referred to as incapacitation
what punishment links to Public Protection?
- 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
what theory would link best to General Deterrence?
- right realism
- they believe we should impose punishment as social constrains on behaviour are weak
- stricter social control is needed to control crime
what is Reperation?
- involves compensating the victim
- includes the offender making amends to the victim or even society
- restorative justice can be used
what is Restorative Justice?
- the victim and the offender are willingly brought together to communicate
- victim may ask questions and offender may answer
pros and cons of Restorative Justice -
+ 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
what type of punishment links to Reparation?
- 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
what theory links to reparation?
- left realism
- may see the punishment as practical ways to reduce crime
- aims to achieve a more equal, caring society
what is Denunciation?
- aims to reinforce the moral and ethical codes of societies individuals
- known as boundary maintenance
what are some moral codes that have changed over time?
- homsexuality
- smoking
- the death penalty
- women’s rights
what type of punishment links to Denunciation?
- lengthy prison sentence
what theory links to Denunciation?
- functionalism
- they see social control ads a means of achieving solidarity
- the setting of boundaries of acceptability toward crime strengthens social cohesion
Shannon Matthews - Denunciation
- 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
