Ac2.2 Flashcards
The criminal justice act
The aims of sentence:
- retribution
- deterrence
- rehabilitation
- protection of society
- justice & reparation
Retribution
This aim is based on the idea of revenge - ‘an eye for an eye’ - the sentencing matches the seriousness of the crime
Deterrence
This aim prevents the defendant from offending again after they have been punished/aims to prevent the public from offending by seeing others caught and punished
Rehabilitation
This aim involves providing support to the offender so that they do not reoffend in the future
Protection of society
A violent/repeat offender is unable to offend because they are in prison
Reparation
This aim attempt to repair the damage caused by the offence, either by compensation given to the victim/by working in the community. Involves helping the defendant through education & support so they do not reoffend
Denunciation
This aim helps to reinforce the moral and ethical codes/boundary maintenance
- Retribution - ‘just desert’
- the offender deserves punishment
- society is morally entitled to take its revenge on an offender
- punishment should fit the crime
- does not seek to alter future behaviour meee dot to inflict punishment in proportion to the offence - considered a backwards - thinking aim
- supported by the Sentencing Council, which provides guidelines for the courts on a range of appropriate punishments that are available
- is a way to express moral outrage for crimes, for example hate crimes - racially aggravated offences carry a higher tariff sentence.
Which theory related to retribution
Functionalist - the moral outrage that retribution expresses performs the function of boundary maintenance
Criticisms of retribution
- it can be argued that offenders deserve forgiveness, mercy or a chance to make amends, not just punishment
- if there is a fixed tariff of penalties, punishments have to be inflicted even when no good will come from. i.e. remorseful offender who will commit no further crimes
- raises questions on how we decide what is a proportionate penalty for each crime
- Rehabilitation
Tries to reform the offender and make them use free will so that they do not want to commit crime but rather conform to the rules of society
Focus on treatment programmes to change the offenders future behaviour by addressing the issues which led to them offending
To include punishments that attempt to rehabilitate offenders:
- probation order with conditions I.e unpaid work/attendance at a treatment centre
- restorative justice is a good example of offenders recognising that their offending is wrong
Which theory relates to rehabilitation
Left realism - favours rehabilitation in that they regard social factors such as unemployment, poverty and poor educational opportunities as causes of crime
The Wolf Within Video
Criticisms of rehabilitation
Right realists - argue that rehabilitation has only limited success - many offenders go on to reoffend
Marxists also criticise rehabilitation programmes for shifting the responsibility for offending onto the individuals offenders failings, rather than focusing on how capitalism leads some people to commit crimes
- Deterrence
Deterrence tries to discourage offenders from committing crime
Name the two types of deterrence
Individual deterrence
General deterrence
Individual deterrence
Prevents crime by frightening an individual defendant with punishment. For example in 1980, Margaret Thatcher’s boot campaign regime
General deterrence
Aims to prevent crime by frightening the public with the punishment of an individual defendant. For example in the past public execution, now we hear about punishment through the media
Severity vs Certainty
Severity of punishment and certainty of punishment (will they be caught for the crime)
Case study - deterrence - if needed
Which theory supports deterrence?
Social learning theory - if offenders see a model being punished for offending, they will be less likely to imitate that behaviour
Criticisms of deterrence
- there is little evidence that ‘short,sharp,shock’ or boot camps reduce offending
- half of all prisoners reoffend within a year of release suggesting prison is not an effective deterrent
- deterrence assumes offenders know what the punishments are
- deterrence assumes offenders act rationally not impulsively
- people who break laws they see as unjust are unlikely to be deterred by punishment
- Public protection
- keeping society safe from dangerous people
- the main method is imprisonment
- there are also other policies e.g. curfews, travel ban
- in the past we would gave has execution, cutting of hands, banishment
Crime Act 1997 introduced mandatory minimum jail sentences for repeat offenders:
- automatic life sentences for a second serious sexual/violent crime
Which theory supports public protection
Right realists - may see the need to impose a sentence to protect the public, as social constraints on behaviour are weak
Criticisms of public protection
- incapacitation leads to longer sentences and long term ‘warehousing’ of offenders with little hope of release. This leads to an ever-rising prison population and associated costs (USA)
- doesn’t deal with the causes of crime
- it is unjust as it imprisons them for crime that the law assumes they may commit in the future
