AC 2.2 Discuss the aims of punishment Flashcards
What are the aims of punishment
-retribution
-rehabilitation
-deterrence
-public protection
-reparation
Retribution
literally means paying back. It involves inflicting punishment on an offender as vengeance for a wrong or criminal act
Just deserts
retribution is based on the idea that offenders deserve to be punished and society is morally entitled to take its revenge. The offender should be made to suffer for having breached society’s moral code
Proportionality
Punishment should fit the crime- it should be equal to the harm done as is the idea of ; an eye for an eye’
Why do some people argue that murderers should get the death penalty
‘a life for a life’
-the punishment has to be proportional to the harm done
What has proportionality led to
a tariff system or fixed scale of mandatory penalties for different offences: so many years for armed robbery ect.
Expressing moral outrage
retributions main purpose is a way for society to express its moral condemnation or outrage at the offender. Punishment is morally good regardless of whether it changes the offenders behaviour. Retribution justifies the punishment for crimes already committed
Example of expressing moral ourtrage
Hate crimes such as racially aggravated offences carry an ‘uplift’ or higher tariff sentence. for example the maximum sentence for GBH is 5 years but this can be increased to 7 years if it’s racially motivated
What criminological theories does retribution link to
-right realism
-functionalism
how does retribution link to right realism
Retribution assumes that offenders are rational actors- they made a conscious choice to commit crime. They are responsible for their actions. Punishment is justified because they made an active choice to break a moral code
how does retribution link to functionalism
The moral outrage expressed through retribution performs the function of boundary maintenance. It reminds people of what is right and wrong.
Criticisms of retribution
-it can be argued that offenders deserve forgiveness not punishment
-if there is a fixed tariff of penalties, discretion cannot be used
-there will be disagreement on which crimes are seen as more serious than others
rehabilitation
the idea that punishment can be used to reform or change offenders so they no longer offend and can go on to live a crime-free life
treatment programmes
rehabilitation uses a variety of treatment programmes to change the offenders future behaviour by addressing the issues which led to their offending
rehabilitation policies
-education and training programmes
-anger management courses
-drug treatment and testing orders
community sentences
often include requirements for offenders to engage in such programmes as part of their sentence
What do rehabilitation policies require
require offenders to actively want to change their lives but they also require considerable input of resources and professional support from therapists, probation officers or others to help them achieve change
what criminological theories does rehabilitation link to
-individualistic theories
-sociological theories
How do individualistic theories link to rehabilitation
-cognitive theories: favour CBT to teach offenders to correct the thinking errors or biases that lead to aggressive or criminal behaviour
-Eysenck’s personality theory: favours the use of aversion therapy to deter offending behaviour
-Skinner’s operant learning theory: supports the use of token economies to encourage prisoners to produce more acceptable behaviour
How do sociological theories link to rehabilitation
such as left realism also favour rehabilitation in that they regard social factors such as unemployment, poverty and poor educational opportunities as the cause of crime
What are criticisms of rehabilitation
-right realists argue that rehabilitation has limited success as reoffending rates are high despite prisoners completing these programmes that are aimed at changing their behaviour
-Marxists criticise rehabilitation programmes for shifting the responsibility for offending onto the individual offender’s failings, rather than focusing on how capitalism leads some people to commit crime
Deterrence
discourages future offending
what are the two types of deterrence
-individual
-general
individual deterrence
uses punishment to deter the individual offender from re-offending. punishment may convince the offender that it’s not worth repeating the experience
Example of individual deterrence
in the 1980s margaret Thatcher’s government introduced a tough new system in juvenile detention centres described as ‘short, sarp shock’ to deter young offenders
general deterrence
aims at deterring society in general from breaking the law. If the public see an individual offender being punished they will see what they themselves will have to suffer if they commit a similar crime
Example of general deterrence
In the past, this was done by making an example of individuals through public punishments such as executions, floggings or putting offenders in the stocks
-Today the public are most likely to learn about the costs of offending from media reports
severity vs certainty of punishment
Important to distinguish between the severity and certainty of punishment. However severe the punishment might be for a particular crime might not matter if there is little chance of being caught or convicted so it will therefore be unlikely to deter
Example of severity vs certainty of punishment
Although there is a mandatory minimum sentence of 3 years imprisonment for committing a third domestic burglary only about 5% of reported burglaries result in a successful conviction, so the likelihood of facing punishment is low
What theories link to deterrence
-right realism
-social learning theory
how does right realism link to deterrence
-rational choice theory: sees individuals as rational actors who weigh up the costs and benefits of committing a crime. Severe punishment increases costs and so will deter offenders
-situational crime prevention: target hardening make it harder to commit an offence successfully and therefore act as a deterrent
how does social learning theory link to deterrence
is relevant to understanding general deterrence. If would-be offenders see a model being punished for offending they will be less likely to commit crime
What are criticisms of deterrence
-There is very little evidence that short, sharp shock or boot camps reduced youth offending in either the UK or US
-The fact that about half of all prisoners reoffend within a year of release suggests that prison is not an effective deterrent
-How do we decide how severe a punishment needs to be to be for it to deter enough would be offenders
-it ignores acts that are irrational and driven by emotion and it assumes offenders are rational and weigh up the risks
public protection
involves protecting the public from offenders
Incapacitation
the use of punishment to remove the offender’s physical capacity to offend again
Incapacitation policies
-execution
-cutting off the hands
-chemical castration
-banishment
-foreign travel bans
-curfews and electronic tagging
Imprisonment
The main means of incapacitation in today’s society
how does imprisonment protect the public
By taking offenders out of circulation, it prevents them committing further crimes against the public
What sentencing laws has incapacitation influenced
(The Crime Sentences Act 1997)
The Crime Sentences Act 1997 introduced mandatory minimum jail sentences for repeat offenders:
-automatic life sentence for a second serious sexual/violence offence
-7 years minimum for a third class A drug trafficking offence
-3 years minimum for a third domestic burglary conviction
What sentencing laws has incapacitation influenced (The Criminal Justice Act 2003)
introduced the idea of ‘imprisonment for public protection’. This allows the court to give an indeterminate sentence to a dangerous offender who is convicted of certain serious crimes
US ‘three strikes and you’re out’
introduced in 1990s they gave offenders long prison sentences for a third offence
What theories link to public protection
-biological theories
-right realists
How do biological theories such as lombroso link to public protection
Lombroso argued that criminals are biologically different from the rest of the population and it’s not possible to change or rehabilitate them. he favoured sending criminals into exile, detaining them on an island away from the public.
How does right realism link to public protection
sees incapacitation as a way of protecting the public from crime. A small number of persistent offenders are responsible for the majority of crime so incapacitating them would reduce the crime rates
What are criticisms of public protection
-incapacitation leads to longer sentences and long-term ‘warehousing’ of offenders with little hope of release. (everrising prison population and costs)
-Incapacitation is a strategy of containment or risk management. Does nothing to deal with the causes of crime or change behaviour
-The ‘three strike’ rule punishes offenders for their previous offences
reparation
this makes good the harm caused by crime
What is the key idea of reparation
This involves the offender making amends for the wrong they have done. The harm can be material or social.
How can offender make amends
-financial compensation
-unpaid work
-restorative justice
financial compensation
is given to the victim and involves paying costs for damage ect.
The court can impose a compensation order
Unpaid work
reparation to society.
e.g. community payback-removing graffiti ect
restorative justice
this makes amends for social damage done.
The offender has to recognise the impact of their actions and face their victim, this allows them to express remorse and seek forgiveness while allowing the victim to have a voice and seek means of closure
What theories are linked to reparation
-labelling theory
-functionalism
How does labelling theory link to reparation
favours restorative justice, as this allows offenders to show remorse it also allows reintegration and prevents them being pushed into secondary deviance
how does functionalism link to reparation
The ability to restore things to the way they were before the crime is essential for complex modern societies to function well
What are criticisms of reparation
-This may not work with all types of offences/offenders. Will work for minor offences such as property offences and damage but can’t work for families of murder or victims of sexual offences. A rape victim may not want to face their offender.
-Some regard reparation as being too soft on the offender
