ac2.2 Flashcards
What are the aims of punishment according to the Criminal Justice Act 2003?
- Punishment of offenders
- Reduction of crime
- Reform and rehabilitation of offenders
- Protection of the public
- Making reparation by offenders to persons affected by their offences
These aims provide a framework for understanding the purpose of sentencing in the criminal justice system.
Define retribution in the context of punishment.
The idea that the offender is punished in respect of the crime he has committed.
It is based on the belief that the offender deserves punishment and contains an element of revenge.
What does the Coroners Justice Act 2009 state regarding court guidelines?
A court must follow guidelines unless it is against the interests of justice to do so.
This emphasizes the importance of adhering to established legal standards while allowing for exceptions.
What is a key characteristic of retribution as a method of punishment?
It does not seek to alter future behavior; it merely inflicts punishment in proportion to the offense.
This approach focuses on delivering justice rather than preventing future crimes.
How is retribution expressed in terms of justice?
As a defendant getting their ‘just desserts’, defining justice in terms of fairness and proportionality.
This concept ties into the broader understanding of justice within the legal framework.
What role does the sentencing council play in the context of retribution?
It provides guidelines for courts on the range of appropriate punishments available.
This ensures consistency and fairness in sentencing practices.
Link retribution to right realism.
Right realism considers retribution as a fitting method of punishment.
This perspective emphasizes the importance of punishment in deterring crime and maintaining social order.
True or False: Retribution seeks to prevent future criminal behavior.
False.
Retribution focuses solely on punishment rather than prevention.
rehabilitation - reform offenders and reintroduce them into society
reform offenders and reintroduce them into society
< also known as reformation, forward- locking aims with the hope that offenders: behaviour will be altered and they wont reoffend
“ presumes that criminal behaviour is a result of free will and rational choice
examples
dart deterrence: can be either individual or in respect of the
offender, or general with regard to sacrety as a whole
individual deterrence: aims to dissuade the offender, or anyone
in society, from committing crime by a fear of punisment
→ example: suspended sentence, term of imprisonment will only
activate if further offending occurs
link to theories -
- social learning theery could account for criminality, prevalent
sub- culture eig peer group is one op the main ways ebservational
learning takes place
community sentences , punishment from court which combines
punishment with activities carried out in the community
probation orders, serve your sentence in the community involving
unpaid work, completion of an education/ training course and
treatment for addiction such as alcohol or drugs (drug treatment and testing order)
link to theories -
individualist theories support rehobilitation as an aim of punishmen
→ behaviour modifications treatment such as anger management
courses focus techniques to extinguish undesireable behaviours
and promote desireable ones
general deterrence
aims to prevent potential offenders from committing a crime
- often the impact of a sentence with a deterrent element is weakened by the fact that it relates to someone else
- people are not always aware of the punishment that has been given by a court unless it is so severe that it is published by the media
theory application: marists are likely to view criminality
marxists are likely to view criminality and the above punishments as inevitable given the capitalist society we live in
public protection: punishment must serve a useful purpose
punishment must serve a useful purpose for society as a whole by protecting us from dangerous criminals
- sometimes reperred to incapacitation as the offender is prevented from exercising their freedom
- incapacitation: a sentence of the court to prevent further offending
- curfew orders restrict when people can leave their homes
- sometimes supported by electrenic tagging provides incapacitation for criminal, protection for society
theory application: right realist
viewpoint may see the need to impose a sentence to protect the public stricter social control is needed to reduce crime and punishment
reparation:
- aiming to ensure the defendant pays back to the victim or society for the wrongdoing
- often involves compensating the victim of the crime usually by ordering the offender to pay a sum of money to the victim
- also includes making reparation to society unpaid work in the community through a community order
- also increasing number of schemes that bring offender and victims together (writing a letter of apology, repairing any damage caused or meeting face to pace to discuss the issues) known as restorative justice
denunciation:
- aims to show offenders that society disapproves of their behaviour
- helps to reinforce the moral and ethical codes or boundary maintenance
- may have changed over time to what is acceptable within society
