AC 2.2 - Aims of Punishment Flashcards

1
Q

What is a Sentence? (1 point)

A
  • The punishment a judge or magistrate decides given to someone convicted of a crime, comes at the end of a trial
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2
Q

Describe the Aim of Retribution (4 points)

A
  • 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
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3
Q

What punishments meet the aim of Retribution? (3 points)

A
  • Mandatory life sentence for murder
  • Whole Life Tariff - spend entire life in prison
  • Death Penalty (not in UK)
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4
Q

Describe the Aim of Rehabilitation (4 points)

A
  • 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
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5
Q

What punishments meet the aim of Rehabilitation? (2 points)

A
  • 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
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6
Q

Describe the Aim of Deterrence (4 points)

A
  • 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
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7
Q

What punishments meet the aim of Deterrence? (2 points)

A
  • 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
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8
Q

Describe the Aim of Public Protection (3 points)

A
  • 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
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9
Q

What punishments meet the aim of Public Protection? (3 points)

A
  • 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
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10
Q

Describe the aim of Reparation (4 points)

A
  • 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
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11
Q

What punishments meet the aim of Reparation? (3 points)

A
  • 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
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12
Q

Describe the Aim of Denunciation (3 points)

A
  • 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
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13
Q

What punishments meet the aim of Denunciation? (2 points)

A
  • 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
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14
Q

What Unit 2 theory does Retribution link to? (2 points)

A

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
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15
Q

What Unit 2 theories does Rehabilitation link to? (2 points)

A

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
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16
Q

What Unit 2 theory does Individual Deterrence link to? (2 points)

A

Social Learning Theory:

  • Reoffending statistics may suggest that SLT could account for criminality
  • Prisons often classed as universities of crime, so it may be that some offenders learn to commit crime from fellow prisoners - observational learning
17
Q

What Unit 2 theory does General Deterrence link to? (2 points)

A

Marxism:

  • Marxists are likely to view criminality and the previously mentioned punishments as inevitable given the capitalist society in which we live
  • Sentences given are means to control the working class who are heavily policed in comparison to the upper class
18
Q

What Unit 2 theory does Public Protection link to? (2 points)

A

Right Realism:

  • A RR 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 & punishment, which restrict liberty and will help achieve this
19
Q

What Unit 2 theory does Reparation link to? (1 point)

A

Left Realism:

  • The LR approach may see such punishments (unpaid work, reparation schemes) as a way of providing practical measures to reduce crime and produce a long-term change to a more equal, caring society
20
Q

What Unit 2 theory does Denunciation link to? (2 points)

A

Sociological Theories:

  • A functionalist approach would see social control as a means of achieving social solidarity. The settings of boundaries of acceptability towards crime strengthens social cohesion
  • Labelling offenders as criminals causes further crime. Being labelled can lead to a self-fulfilling prophecy - start to internalise the label