AC 2.2 Flashcards
RETRIBUTION
Aiming to punish an offender to the level that is deserved. It contains an element of revenge in that society and the victim is being avenged for the wrongdoing such as death penalty open song it provides a compensating measure of justice to someone who has committed murder. It does not seek to alter future behaviour merely to inflict punishment in proportion to the offence. Furthermore, it provides an appropriate punishment to provide justice for both defendant and the victim.
RETRIBUTION THEORY LINK
A right realist approach would consider retribution as a fitting method of punishment. This is because it ensures that the defendant is being punished to an appropriate level without consideration of the reasoning behind the crime or prevention of future offending.
REHABILITATION
The aim of rehabilitation is to reform offenders and reintroduce them into Society. It is a forward-looking aim with the hope that the offender’s behaviour will be altered, and they will not reoffend. This aim presumes that criminal behaviour is a result of free will and rational choice. The aim of rehabilitation can be seen in community sentences. probation orders could involve unpaid work or completion of an education or training course and treatment for addiction such as alcohol or drugs.
REHABILITATION THEORY LINK
Individualistic theories of criminality would support rehabilitation as an aim of punishment. for instance, behaviour modifications treatments such as anger management courses focus on techniques to extinguish undesirable behaviours and promote desirable ones.
INDIVIDUAL DETERRENCE
The aim of individual deterrence is to ensure that the offender does not reoffend. A suspended sentence is clearly an example of individual deterrence as the term of imprisonment will only activate if further offending occurs. If there is no reoffending the offender will not go to prison. However, the recidivism rate word suggests that many prisoners are not deterred from committing crimes by the possibility of a term of imprisonment.
Prison has a poor record for reducing offending as 46% of adults are reconvicted within one year of release. for those serving sentences of less than 12 months this increases to 59%.
INDIVIDUAL DETERRENCE THEORY LINK
The above statistics may suggest that social learning theory could account for criminality. prisons are often classed as universities of crime so it may be that some offenders are learning how to commit more crime from fellow prisoners.
GENERAL DETERRENCE
The aim of general deterrence is to prevent potential offenders from committing a crime. However, often the impact of a sentence with a deterrent element is weakened by the fact that it relates to someone else. In addition, people are not always aware of the punishment that has been given by the court unless it is so severe that it is published by the media. This was seen in the harsh punishments given out during the 2011 London riots case.
GENERAL DETERRENCE THEORY LINK
Marxists are likely to view criminality and the above punishment as inevitable given the capitalist society in which we live. The sentences given are a means to control the working class who are heavily policed in comparison to the upper class.
INCAPACITATION
The idea that punishments must serve a useful purpose for society as a whole by protecting us from dangerous criminals. Sometimes it is referred to as incapacitation as the offender is prevented from exercising their freedom. A long prison sentence is an obvious example of incapacitation. However, other punishments will restrict offenders such as curfew orders and electronic tagging. Some states in the USA carry out castration of sex offenders and right hands have been cut off at the wrist as punishment for theft in Nigeria and Saudi Arabia.
INCAPACITATION THEORY LINK
A right realist viewpoint may see the need to impose a sentence to protect the public, as social constraints on behaviour are weak. stricter social control is needed to reduce crime and punishment, which restrict Liberty and will help to achieve this.
REPARATION
Reparation often involves compensating the victim of the crime usually by ordering the offender to pay a sum of money to the victim. This concept also includes making reparation to society, for example doing unpaid work in the community through a community order. There is also an increasing number of schemes that bring offenders and victims together so offenders can make direct reparation. It can include writing a letter of apology, repairing any damage caused or meeting face to face to discuss the issues. This is known as restorative justice.
REPARATION THEORY LINK
The left realist approach may see such punishments as a way of providing practical measures to reduce crime and produce a long-term change to a more equal, caring society.
DENUNCIATION
Denunciation helps to reinforce moral and ethical codes or boundary maintenance. These may have changed overtime to what is acceptable within society. For example, smoking cigarettes was once acceptable and even encouraged by the medical profession. Now it is illegal in the workplace and in a motor vehicle with a child passenger.
DENUNCIATION THEORY LINK
a functionalist approach to criminality would see social control as a mean of achieving solidarity in Society. The setting of boundaries of acceptability towards crime strengthens social cohesion or the willingness of members of society to cooperate with one another.
DENUNCIATION THEORY LINK
In addition, it could be argued that by labelling offenders as criminals it produces further crime as they start to view themselves as criminals. This can lead to a self-fulfilling prophecy which means that they start to internalise the label and start acting and behaving in a way that mirrors the label.
