A.C 2.2 Booklet 2 Flashcards
Under the Criminal Justice Act (2003), what are the five aims of sentencing?
Retribution, Deterrence, Rehab, Public Protetction, Reparation
What is retribution?
The idea that an offender’s behaviour is deserving of punishment, and must be proportional to the offence (tarrif system).
It is a backward looking approach that focuses on restricting liberty, having an element of revenge.
What is an example of retribution?
Death by dangerous driving can go up to a life sentence, as societal outrage made it go from 5 years to life by 2022.
How does retribution link to theories?
Right Realism:
-Offender chose to do the crime (Rational Choice Theory), so they’re responsible.
-Zero Tolerance (Broken Windows Theory)
What is rehabilitation?
A forward looking appraoch that aims to alter an offender’s behaviour to prevent re-offending.
Some sentences require rehab to be taken, but it only works if the offender wants to change.
What are some examples of rehab methods?
-Drugs & Alcohol rehab
-CBT (Anger management)
-Educational courses
How does rehabilitation link to theories?
Cognitive theories: Criminals do not think rationally, leading to them acting on impulse. Some did a crime this way, and don’t need rehabilitation.
Operant-Learning: We learn via consequence, so rehab can use Token Economy to reinforce positive behaviour.
What are the weaknesses of rehabilitation?
-Token Economy only works in prison.
-More than 20% of people reoffend, so it’s not effective.
-Costs are high, doesn’t match the offending rates being too high.
What is Public Protection?
We arrest offenders in order to protect society from dangerous criminals. May be referred to “incapacitation” as the offender loses their liberty.
What is the weakness of Public Protection?
-Creates overcrowded prisons
-The £50,000 spent per prisoner is ineffective, as they eventually are released and reoffend.
What statistics about offending does the Bromley Briefings provide?
38% of reoffenders are re-convicted after a year.
58% of these are before a full year has passed.
What theories do Public Protection link to?
Marxism - Long sentences are essential in a capitalistic society to control society.
SLT - Vicarious Reinforcement, seeing people punished for crime motivates other people to not do it. GENERAL DETERRENCE.
Rational Choice - You’re more likely to weight up the pros and cons if you’ve been to prison.
What are the weaknesses of Individual Deterrents?
-Little evidence youth offending centres worked.
-Deterrence assumes most prisoners know the sentences.
What is the weakness of General Deterrents?
Heavily reliant on media exposing a crime’s punishment to motivate people to not want to commit the crime.
