AC 2.2 Flashcards
What is the definition of retribution?
Punishment
What is the definition of rehabilitation?
Reforming people’s behaviour
What is the definition of reformation?
Change
What is the definition of recidivism?
Reoffending
What is the definition of deterrence?
People avoiding something because of known consequences
What is the definition of incapacitation?
Take away a persons freedom, protecting the public
What is the definition of reparation?
Making something good
What is the definition of denunciation?
Making an example out of something/someone
What is sentencing?
The issuing of a punishment by a judge/magistrate when a defendant has been convicted of a crime
What is the purpose of sentencing?
To ensure that the punishment fits the crime and it must be proportionate
What are the 4 types of sentences?
Custodial (prison), community, fines, discharges
What is individual deterrence?
Ensure that an offender does not reoffend
What is general deterrence?
Prevent potential offenders from committing a crime, severity V certainty of crime
What types of sentences are used to achieve deterrence?
Suspended sentence, harsh sentencing, denunciation
How does deterrence link to right realism?
Target hardening (harder to commit an offence), rational choice theory (assumes offenders are rational actors, weigh up cost/reward)
How does deterrence link to Social Learning Theory?
Individual deterrence- imitation not occurring if they see punishment happening, offenders can learn more crime in prison
How does deterrence link to marxism?
Deterrence is inevitable given the capitalist society we live in, sentences given are a means to control the working class, they are more heavily policed compared to the upper class
What are some criticisms of deterrence?
- recidivism rates suggest prisoners are not deterred by the possibility of further imprisonment
- assumes potential offenders know what the punishments are for offences
- assumes offenders act rationally, weighing up risks, some act irrationally and are driven by emotions
What types of sentences are used to achieve retribution?
Custodial sentences, large fines, community sentences
- Each offence has a set sentence attached to it set out by the Sentencing Council
How does retribution link to right realism?
Tough stance on crime, harsher punishments
How does retribution link to functionalism?
Boundary maintenance- punishing the offender reminds everyone within society what is right and wrong
What are some criticisms of retribution?
- does not seek to change behaviour, only punishes
- recidivism rates do not change for the better so punishment does not prevent more crime from occurring
- proportionality is subjective
- some offenders may deserve forgiveness
What types of sentences are used to achieve rehabilitation?
Probation orders, community sentences, restorative justice
How does rehabilitation link to individualistic theories?
Skinner’s Operant Conditioning theory- reward and punishment (token economies)
Eysenck’s Personality theory- favours the use of aversion therapy to deter offending
Cognitive theories- CBT
What are some criticisms of rehabilitation?
- behaviour is not always guaranteed to change
- offenders have freewill so can still go back to committing more crime
What types of sentences are used to achieve reparation?
Community orders/sentences
How does left realism link to reparation?
Practical measures to prevent crime, produce long term change to a more equal, caring society
How does labelling theory link to reparation?
Helps to remove labels and being punished for secondary deviance
How does functionalism link to reparation?
Making amends is essential for the smooth running of society (social cohesion)
What are some criticisms of reparation?
- reparation may not work for all types of offences
- homicide -> impossible to make reparations with the victim
- some regard it as ‘too soft’ of a punishment
What types of sentences are used to achieve denunciation?
custodial sentences, community sentencing
How does functionalism link to denunciation?
Crime serves a purpose in society, setting of boundaries of acceptability towards crime strengthens social cohesion/willingness of society to cooperate with each other
How does labelling theory link to denunciation?
View themselves as criminal so internalise the label and start acting and behaving in a way that mirrors the label. a cycle of self-fulfilling prophecy
What are some criticisms of denunciation?
What types of sentences are used to achieve incapacitation?
Custodial sentences, in some counties it can be capital punishment/death penalty
How does right realism link to incapacitation?
Tough stance on crime, impose sentences to protect the public, social constraints on behaviour is weak
How does Lombroso link to incapacitation?
Criminals are biologically different, should be exiled/kept away from the general public
What are some criticisms of incapacitation?
- might be too harsh (depending on the crime)
- leads to longer sentences with little hope of release, leads to a rising prison population
- containment/risk management strategy, does nothing to deal with causes of crime/try to change behaviour of offenders
