AC2.2 Flashcards
what are the 6 aims of sentencing?
retribution, rehabilitation, deterrence, public protection & reperation.
retribution aim
punish the offender based on the idea of justice and moral culpability.
the idea that it is punished in proportion to the severity of the crime
‘just deserts’, offenders deserve to be punished and society is entitled to take its revenge .
example of retribution
a mandatory life sentence or increasing punishments for hate crimes
what theories link to retribution
right realism and functionalism (durkheim)
how does right realism link to retribution
The offender is being punished for their crime without the consideration of moral reasoning and no plans to prevent future behaviour are addressed.
how does functionalism link to retribution
the moral outrage that retribution expresses performs the function of boundary maintenance. Punishing the offender reminds everyone else of the difference between right and wrong.
rehabilitation aim
reform and rehabilitate the offender, so they can reintegrate into society and be prevented from committing further offences
how can an offender be rehabilitated
education, community sentences, addiction treatments
what theories link to rehabilitation
individualistic- cognitive, eysenck, skinner
how do cognitive theories link to rehabilitation
teach offenders to correct the thinking errors and biases that lead to crime/aggression
how does eysenck personality theory link to rehabilitation
favours the use of aversion therapy to deter offending behaviour
how does skinner’s operant conditioning link to rehabilitation
use of token economies to encourage prisoners to produce more acceptable behaviour
how does left realism link to rehabilitation
rehab regards social
factors such as unemployment, poverty and poor educational opportunities as causes of crime.
Therefore addressing these needs among offenders will help to reduce offending.
two types of deterrence
specific/individual and general
aim of general deterrence
aims to deter the broader public by making an example of the offender
Both aim to reduce crime by installing fear.
example of general deterrence
london 2013 riots- man sentenced to 3 months in prison for stealing £3.50 water
aim of specific deterrence
using a sufficiently unpleasant punishment in order to deter a person from offending again e.g execution being the worst
what theories links to deterrence
marxism: sentences are given to control the WC, working as general deterrence
rational choice theory: individuals weigh up c&b before deciding to offend. severe punishments & high chance of being caught act as high cost and deterrence to offend
SLT: if offenders see peers being punished, they’re less likely to imitate that behaviour
public protection aim
reduce the risk that offenders pose to society and to safeguard the public from harm by incapacitating them, not necessarily for rehabilitation
examples of public protection
execution, chemical castration (sex offenders), curfew, electronic monitoring
what biological theory links to deterrence
lombroso, argued criminals are biologically different from the rest of the population and isn’t possible to change/rehabilitate them. He favoured sending them into exile.
how does right realism link to deterrence
see incapacitation as a way of protecting the public.
a small number of consistent offenders are responsible for the majority of crimes so incapacitating them with long prison sentences would largely reduce crime rates.
reparation aim
aim to repair the damage caused by the offender/offence, often through compensatory measures e.g fines, acknowledgement of harm, or community service.
how does restorative justice link to reparation aim
making amends for the damage done involves the offender recognising their actions, can be done through restorative justice schemes which brings together the offender and victim.
what theories link to reparation
labelling: reintegrating offenders into mainstream society. By enabling them to show remorse, allows reintegration and prevents them being pushed into secondary deviance.
functionalist: Durkheim argue that ‘restitutive justice’ – reparation to put things back to how they were before the crime was committed – is essential for the smooth functioning of complex modern societies.
