AC 2.2- Flashcards
What are the different aims or purposes of punishment?
The aims of punishment include retribution, rehabilitation, deterrence, public protection, and reparation.
What does retribution mean?
Retribution means ‘paying back’ and involves inflicting punishment on an offender as vengeance for a wrong or criminal act.
What is the principle of proportionality in retribution?
Proportionality means that punishment should fit the crime, being equal or proportionate to the harm done.
What is the purpose of expressing moral outrage in retribution?
Expressing moral outrage is a way for society to condemn the offender, regardless of whether it changes their future behavior.
What is an example of a higher tariff sentence in retribution?
Hate crimes such as racially aggravated offences carry a higher tariff sentence, e.g., the maximum penalty for grievous bodily harm can increase from five to seven years if racially motivated.
This reflects society’s greater outrage at the offence.
What is the criticism of retribution theory?
Criticism includes prioritizing punishment over treatment and not addressing mental health issues among offenders.
What is rehabilitation in the context of punishment?
Rehabilitation aims to reform offenders so they no longer offend, focusing on changing future behavior rather than punishing past offences.
What are some rehabilitation policies?
Rehabilitation policies include education and training programs, anger management courses, and drug treatment programs.
What is the theory behind rehabilitation?
Individualistic theories see rehabilitation as a significant aim of punishment, addressing cognitive errors and social factors leading to crime.
What are the criticisms of rehabilitation theory?
Critics argue rehabilitation has limited success and shifts responsibility for offending onto the individual, ignoring broader social issues.
What is deterrence in the context of punishment?
Deterrence aims to discourage individuals from committing crimes through the fear of punishment.
What is the difference between individual and general deterrence?
Individual deterrence aims to prevent the specific offender from re-offending, while general deterrence aims to discourage society as a whole from breaking the law.
What is the importance of severity versus certainty in deterrence?
The effectiveness of deterrence depends more on the certainty of punishment than its severity; low conviction rates reduce deterrent effects.
What are the criticisms of deterrence theory?
Critics point to a lack of evidence that harsh punishments deter crime and the high rate of re-offending among released prisoners.
What is public protection in the context of punishment?
Public protection involves incapacitating offenders to prevent them from committing further crimes.
What are some methods of incapacitation?
Methods include execution, imprisonment, chemical castration, and historical practices like banishment.
What is the criticism of public protection theory?
Critics argue that incapacitation leads to longer sentences without addressing the causes of crime or rehabilitating offenders.
What is reparation in the context of punishment?
Reparation involves offenders making amends for their wrongs, either to victims or society.
What is restorative justice?
Restorative justice allows offenders to recognize the harm caused and seek forgiveness, often involving mediation with victims.
What are the criticisms of reparation theory?
Critics argue that reparation may not be applicable for all crimes and can be seen as too lenient a form of punishment.
