AC 2.2 - Aims of Punishment Flashcards
What is a Sentence? (1 point)
- The punishment a judge or magistrate decides given to someone convicted of a crime, comes at the end of a trial
Describe the Aim of Retribution (4 points)
- Aims to punish to the level that is deserved
- Contains an element of revenge, in that society & the victim are being avenged
- Doesn’t seek to change behaviour, merely to inflict a proportionate punishment
- Supported by Sentencing Council, providing guidelines for the courts on a range of punishments available
What punishments meet the aim of Retribution? (3 points)
- Mandatory life sentence for murder
- Whole Life Tariff - spend entire life in prison
- Death Penalty (not in UK)
Describe the Aim of Rehabilitation (4 points)
- Aims to alter the offender’s mindset so that future reoffending is prevented
- To reform offenders and re-introduce them into society
- Unlike Retribution, it is a forward-looking aim, with the hope an offender’s behaviour can be altered
- Presumes that criminal behaviour is a result of free will & rational choice
What punishments meet the aim of Rehabilitation? (2 points)
- Community sentences & Probation orders - could involve unpaid work or completion of a training course
- Drug abuse causes many crimes and there have been punishments introduced to help rehabilitate the offenders - E.G. Drug Treatment
Describe the Aim of Deterrence (4 points)
- Aims to dissuade the offender, or anyone in society, from committing crime by fear of punishment
- Can be either individual in respect to the offender, or general with regards to society as a whole
- Individual deterrence: Aim to ensure that the offender doesn’t reoffend
- General deterrence: Aim to prevent other potential offenders from committing a crime
What punishments meet the aim of Deterrence? (2 points)
- Individual: Suspended sentence - if there is no reoffending, the offender will not go to prison
- General: Severe & publicly visible sentences meet the aim, E.G. harsh sentencing of the London Riots
Describe the Aim of Public Protection (3 points)
- Aims to prevent more harm to the public by removing the offender
- Based on the idea that punishment must serve a useful purpose for society as a whole by protecting us from dangerous criminals
- The CJA introduced a provision for serious offences where the court is in the opinion that there’s a significant risk to members of the public of serious harm being caused by the defendant in the future
What punishments meet the aim of Public Protection? (3 points)
- Curfew Tag: Checks if you’re where meant to be during curfew hours
- Location Tag: Records data about your movement constantly, checks if you’ve gone to areas you’re not allowed to be in
- Banning Order: A ban on certain activities connected with the offence, E.G. any regulated football match
Describe the aim of Reparation (4 points)
- Ensures the defendant pays back to the victim / society
- Aimed at compensating the victims of the crime usually by ordering the offending to pay a sum of money to the victim
- There is also an increasing number of schemes that bring offenders & victims together, allowing them to make reparation
- Known as restorative justice
What punishments meet the aim of Reparation? (3 points)
- Compensation Orders: The offender compensates the victim for any personal injury, loss, or damage
- Unpaid Work: Working without being paid (E.G. litter picking)
- Reparation Schemes: Measures to redress violations of human rights by providing a range of benefits to victims
Describe the Aim of Denunciation (3 points)
- Aims to show offenders that society disapproves of their behaviour and that it’s unacceptable
- Denunciation helps to reinforce the moral & ethical codes or boundary maintenance
- These may have changed over-time to what becomes acceptable within society - E.G. changes in attitudes towards smoking
What punishments meet the aim of Denunciation? (2 points)
- Any form of punishment / sanction or negative sentence will achieve this aim
- From small fines you lengthy custodial sentences, punishing offenders shows society’s disapproval of their actions
What Unit 2 theory does Retribution link to? (2 points)
Right Realism:
- A RR would consider retribution as a fitting method of punishment
- This is because it ensures the defendant is being punished to an appropriate level without consideration for any reasoning
What Unit 2 theories does Rehabilitation link to? (2 points)
Individualistic Theories:
- E.G. SLT, Theory of the Psyche, and Criminal Personality would support rehabilitation as an aim of punishment
- For instance, behaviour modifications treatments such as anger management courses focus on techniques to extinguish undesirable behaviour