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Criminology > AC 2.2 Discuss the aims of punishment > Flashcards

AC 2.2 Discuss the aims of punishment Flashcards

1
Q

What are the aims of punishment

A

-retribution
-rehabilitation
-deterrence
-public protection
-reparation

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2
Q

Retribution

A

literally means paying back. It involves inflicting punishment on an offender as vengeance for a wrong or criminal act

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3
Q

Just deserts

A

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

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4
Q

Proportionality

A

Punishment should fit the crime- it should be equal to the harm done as is the idea of ; an eye for an eye’

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5
Q

Why do some people argue that murderers should get the death penalty

A

‘a life for a life’
-the punishment has to be proportional to the harm done

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6
Q

What has proportionality led to

A

a tariff system or fixed scale of mandatory penalties for different offences: so many years for armed robbery ect.

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7
Q

Expressing moral outrage

A

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

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8
Q

Example of expressing moral ourtrage

A

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

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9
Q

What criminological theories does retribution link to

A

-right realism
-functionalism

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10
Q

how does retribution link to right realism

A

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

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11
Q

how does retribution link to functionalism

A

The moral outrage expressed through retribution performs the function of boundary maintenance. It reminds people of what is right and wrong.

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12
Q

Criticisms of retribution

A

-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

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13
Q

rehabilitation

A

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

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14
Q

treatment programmes

A

rehabilitation uses a variety of treatment programmes to change the offenders future behaviour by addressing the issues which led to their offending

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15
Q

rehabilitation policies

A

-education and training programmes
-anger management courses
-drug treatment and testing orders

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16
Q

community sentences

A

often include requirements for offenders to engage in such programmes as part of their sentence

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17
Q

What do rehabilitation policies require

A

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

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18
Q

what criminological theories does rehabilitation link to

A

-individualistic theories
-sociological theories

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19
Q

How do individualistic theories link to rehabilitation

A

-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

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20
Q

How do sociological theories link to rehabilitation

A

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

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21
Q

What are criticisms of rehabilitation

A

-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

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22
Q

Deterrence

A

discourages future offending

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23
Q

what are the two types of deterrence

A

-individual
-general

24
Q

individual deterrence

A

uses punishment to deter the individual offender from re-offending. punishment may convince the offender that it’s not worth repeating the experience

25
Q

Example of individual deterrence

A

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

26
Q

general deterrence

A

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

27
Q

Example of general deterrence

A

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

28
Q

severity vs certainty of punishment

A

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

29
Q

Example of severity vs certainty of punishment

A

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

30
Q

What theories link to deterrence

A

-right realism
-social learning theory

31
Q

how does right realism link to deterrence

A

-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

32
Q

how does social learning theory link to deterrence

A

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

33
Q

What are criticisms of deterrence

A

-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

34
Q

public protection

A

involves protecting the public from offenders

35
Q

Incapacitation

A

the use of punishment to remove the offender’s physical capacity to offend again

36
Q

Incapacitation policies

A

-execution
-cutting off the hands
-chemical castration
-banishment
-foreign travel bans
-curfews and electronic tagging

37
Q

Imprisonment

A

The main means of incapacitation in today’s society

38
Q

how does imprisonment protect the public

A

By taking offenders out of circulation, it prevents them committing further crimes against the public

39
Q

What sentencing laws has incapacitation influenced
(The Crime Sentences Act 1997)

A

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

40
Q

What sentencing laws has incapacitation influenced (The Criminal Justice Act 2003)

A

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

41
Q

US ‘three strikes and you’re out’

A

introduced in 1990s they gave offenders long prison sentences for a third offence

42
Q

What theories link to public protection

A

-biological theories
-right realists

43
Q

How do biological theories such as lombroso link to public protection

A

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.

44
Q

How does right realism link to public protection

A

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

45
Q

What are criticisms of public protection

A

-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

46
Q

reparation

A

this makes good the harm caused by crime

47
Q

What is the key idea of reparation

A

This involves the offender making amends for the wrong they have done. The harm can be material or social.

48
Q

How can offender make amends

A

-financial compensation
-unpaid work
-restorative justice

49
Q

financial compensation

A

is given to the victim and involves paying costs for damage ect.
The court can impose a compensation order

50
Q

Unpaid work

A

reparation to society.
e.g. community payback-removing graffiti ect

51
Q

restorative justice

A

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

52
Q

What theories are linked to reparation

A

-labelling theory
-functionalism

53
Q

How does labelling theory link to reparation

A

favours restorative justice, as this allows offenders to show remorse it also allows reintegration and prevents them being pushed into secondary deviance

54
Q

how does functionalism link to reparation

A

The ability to restore things to the way they were before the crime is essential for complex modern societies to function well

55
Q

What are criticisms of reparation

A

-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

Criminology (6 decks)

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