AC 2.2 - Describe the aims of punishment Flashcards
What are the five aims of punishment?
Deterrence, Retribution, Rehabilitation, Public Protection and Reparation.
Which Act contains the aims of sentencing?
The Criminal Justice Act 2003. (section 42.)
What are the aims of sentencing?
To punish the offenders, to reduce crime (by deterrent), to reform and rehabilitate the offenders, to protect the public and for reparation by offenders to the victims.
What is meant by retribution?
Retribution is based on the idea that the offender deserves a punishment, and this punishment should be proportionate to the offence that has been committed.
Retribution is similar to, and contains an element of, revenge - e.g. biblical terms of ‘an eye for an eye’ or ‘a tooth for a tooth’.
Whilst also aiming to bring about Justice for both the victim, and the offender. Used synonymous with the phrase: ‘justice was done’ and is supported by the Sentencing Council.
Give two examples of retribution.
A murderer being executed using the death penalty, or life sentences (mandatory life sentence for murder)/lengthy prison sentences.
What is meant by rehabilitation?
Rehabilitation refers to the reformation of offenders by aiming to alter the mindset of the offender in an attempt to reduce future reoffending/recidivism. Rehabilitation believes that offenders can be treated and can return to being law-abiding citizens.
What does the aim of rehabilitation assume about criminality?
The aim of rehabilitation assumes that criminality is the result of free will and rational choice - therefore, it is influenced by factors that can be adjusted.
Give examples of where rehabilitation can be seen within our Justice system.
Community Sentences - e.g. probation orders may involve conditions such as completing unpaid labour or a completion of an education or training course. In some instances, treatment for addictions (i.e. drug abuse and alcoholism) can also be conditions. Many crimes have been a result of substance abuse, and so these types of punishments have been introduced to help rehabilitate these offenders.
Give an example of an organisation that provide a rehabilitative approach.
St. Giles Trust - a project which aims to help young people in London who are involved in serious youth violence and gang activity.
Give an example of an Individual Deterrence.
One example of an individual deterrence is a suspended sentence. In suspended sentences, the offender will only be incarcerated if further offending occurs. However, if the offender does not continue to re offend, they will not be imprisoned.
What re offending statistic suggests that prison is not a form of deterrence?
46% of adults are re convicted within one year of release. However, this figure increases to 59% when the sentence that has been served, is less than 12 months.
What percentage of adults are re convicted within one year of release?
46% of adults are re convicted within one year of release.
What percentage of adults, who have served a sentence of less than 12 months, are re convicted within one year of release?
59% of adults who have served a sentence of less than 12 months are re convicted within one year of release`
What is meant by General Deterrence?
General Deterrence aims to ensure that potential offenders are prevented from committing a crime.
Why can General Deterrence be less effective than Individual Deterrence?
General Deterrence is often weakened as the punishment relates to someone else, rather than to ourselves directly. Furthermore, we are not always aware of a sentence that has been passed unless it is so severe that it has attracted media attention.
What harsh sentence gained a lot of media coverage?
Sentences passed after the London riots in 2011.
What is meant by Public Protection?
Public Protection refers to the idea that punishment should serve a useful purpose for society as a whole, by protecting us from dangerous criminals.
What is meant by Incapacitation?
Incapacitation refers to any sentence that is given by the Court which prevents the commission of further offences.
Give three examples of incapacitation.
One example of incapacitation could be the use of chemical castration - a procedure carried out in some of the US states.
An additional example could be electronic tagging and curfew orders.
Another example would be imprisonment.
What is meant by Reparation?
Reparation refers to the idea that the defendant must pay back to the victim, or society, in one way or another.
Give three examples of where Reparation is used in our Criminal Justice System.
Financial Compensation - whereby the offender is ordered to pay an agreed sum of money to the victim.
Unpaid labour - this is often an element of a Probation/Community order - often pays back to society as a whole.
Restorative Justice - a voluntary programme whereby the victims of a crime are given the opportunity to meet and/or communicate with their offenders.
Briefly outline Restorative Justice.
Restorative Justice is a voluntary programme whereby victims of crime are given the opportunity to meet with, and or communicate with, their offenders.
In doing so, the victims are able to describe and explain the impact of the offence. Whilst this gives the victims a voice, it also ensures that the offender holds themselves to account for the actions that have been committed.
This meeting occurs in a controlled environment, and is led by a facilitator who will not only prepare the parties that are involved, but will also ensure that the process is safe. However, the offender must have admitted to the offence, and both parties must provide informed consent.
What is the victim satisfaction rate of Restorative Justice?
There is an 85% victim satisfaction rate in Restorative Justice programmes.
What is the reduced recidivism rate of Restorative Justice?
In Restorative Justice programmes, there is a 14% reduced recidivism rate
