AC 2.2 Flashcards
What are the 6 key aims of sentencing?
- Retribution/punishment
- Reparation/Restitution
- Rehabilitation/Reform
- Deterrence
- Denunciation
- Protection of the Public/Incapacitation.
What is rehabilitation?
Criminal rehabilitation is essentially the process of helping inmates grow and change and re-educating and retraining those who commit crime, allowing them to separate themselves from the environmental factors that made them commit a crime in the first place.
What theory supports rehabilitation?
The theory that supports this is an individualistic theory as a focus on punishment. Example - Behaviour modification treatment – anger management. This is used to promote desirable behaviours.
what are the two different types of deterrence?
individual and general
what is general deterrence?
General Deterrence – it is the focus on preventing potential offenders from acting on committing a crime.
what is individual deterrence?
Individual deterrence is to try to prevent offenders from reoffending.
what is an example of individual deterrence?
a suspended sentence
what is Retribution/Punishment?
Retribution/Punishment – punishment inflicted on someone as vengeance for a wrong or criminal act. Deserved punishment for the offender and is punishment given to the level that they deserve. The level of punishment given will be to meet the criminal offence committed and should be appropriate punishment to ensure justice is given for the victim and defendant.
who is retribution supported by? what do they do?
Retribution is supported by the sentencing council who provide guidelines for the courts and advise and give information on the punishment available they can give which are appropriate to a specific crime.
what theory links to retribution and punishment?
A theory that supports retribution is the right realist approach. it links by making sure the defendant is being punished appropriately to the severity of the crime they have committed. It also links due to it thinking that the consideration of why the crime was committed and trying to prevent crime happening in the future is not required.
what is denunciation?
it is the aim to show offenders that society as a whole disapproves of their criminal or antisocial behaviour and that it is unacceptable to conduct. Denunciation helps to reinforce a moral and ethical codes or boundary maintenance.
what theory links to denunciation?
theory that links to denunciation is the functionalist approach. The functionalist approach to criminality would view social controls as a means 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. furthermore labelling criminals.
what is incapacitation?
Incapacitation is used primarily to protect the public from offenders who are seen as sufficiently dangerous that they need to be ‘removed’ from society for a period of time, which is achieved usually by sending the offender to prison
what is an example of incapacitation?
It is a sentence of the court to prevent further offending, this could include a term of imprisonment or an example of incapacitation is an electronic tag or a long prison sentence.
what theory links with protection of the public and incapacitation?
A theory that links with incapacitation and public protection is the right realist viewpoint. Right realists view is that they may see the need to impose a sentence in order 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.
