AC 2.2 Flashcards
What is retribution?
-Punishment inflicted on someone as revenge, a way for society to express moral outrage.
-An eye for an eye, based on the idea that criminals deserve to be punished for breaking society’s moral code. -Punishment must be proportional to the crime and it is necessary if the offenders behaviour doesn’t change
What are examples retribution?
-the scold, a metal brace put over the head of a women in the 16th century to stop them talking, this is a punishment for gossiping or lying
-naming and shaming, a form of humiliation and revenge, like uploading a mugshot of a criminal
-the death penalty, seen as the ultimate revenge
How is the Kenneth Smith case an example of retribution?
-received the death penalty for the murder of Elizabeth Sennett
-contrivetial because he was killed with violence, lasted 20 minutes
-added retribution because he suffered
What theories link to retribution?
Right realism - assumes that offender makes a rational choice so must face consequences.
Functionalism - Durkheim would argue that punishment is boundary maintenance
Skinner - if they are punished they are likely to not repeat their behaviour
What are the criticism of retribution?
- the person could later be found innocent after receiving the death penalty
- punishment may be too harsh
- killing someone for murdering is hypocritical
- no rehabilitation so high recidivism
What is incapacitation?
Used as means to protect the public from further offending by removing a criminals capacity to reoffend
What are examples of incapacitation?
- death penalty
- cutting off hands of thieves
- curfews and tags
What are the theories that link to incapacitation?
Lombroso - criminals are biologically different so there is no point in trying to rehabilitate them.
Right realism - incapacitation is a way of protecting the public from crime
What are the criticisms of incapacitation?
- Some work but only temporarily after the punishment is over it will stop working
- restraining orders can be broken
- crime still occurs within prison offenders don’t have the opportunity to change
