AC2.2 Flashcards
Retribution
The aim of retribution is to punish the offender. It is a display of public revulsion for the offence and is an element of revenge from society and the victim.
An example of retribution would be a mandatory life sentence for murder or increased punishments for hate crime. Good- It provides a compensating measure of justice to someone who has committed murder, Community accountability, Can scare people which deters them. Bad- It is not about altering future behaviour, fails to stop crime and fails to improve the offender.
Rehabilitation/ reformation
(also known as reformation) Is based on the presumption that criminal behaviour is a result of free will and rational choice. Aim is to reform offenders and reintroduce them into society. It is the action of reforming someone through training and therapy in the hope that the offenders behaviour will be altered and they will not reoffend. Individualistic theories of criminality would support rehabilitation as an aim of punishment. Eg anger management courses focus on techniques to extinguish undesirable behaviours and promote desirable ones.Good- leads to progress, enhances self confidence, new mindset.Bad- only works with smaller problems eg drug use
Deterrence
Deterrence often occurs in drug or burgulary cases. It can be either individual in respect of the offender, or general with regards to society as a whole. Individual deterrence is to ensure the offender does not reoffend. A suspended sentence is clearly an example of individual deterrence, as the term of imprisonment will only activate if further offending occurs. However, around 46% of adults are reconvicted within one year of release, this recidivism rate would suggest that many prisoners are not deterred from committing crimes by the possibility of a term of imprisonment and can also suggest that the social learning theory could account for criminality. Furthermore, Prisons are classed as universities of crime so it may be that some offenders are learning how to commit more crime from fellow prisoners through observational learning. General deference is to prevent potential offenders from committing a crime. However the deterrent element is weakened by the fact that it relates to someone else. For example, two men, aged 21 and 22 years, were jailed for four years each after admitting using Facebook to incite disorder. However, no disorder took place as a result of their posts Good- deters people from crime. Bad- people are not aware of the punishment given
Public protection or incapitation
Idea that punishment must serve a useful purpose for society as a whole by protecting us from dangerous criminals. A long prison sentence is an obvious example of incapittion as the offender is prevented from excersising their freedom. Incapitation or public protection ussually occurs for crimes such as sexual offences. However, other punishments will restrict an offender. Curfew orders restrict when people can leave their home and sometimes these are supported by electronic tagging which provides both incapitation for the criminal an protection for society. A right realist may see the need to impose stricter control in order to reduce crime and punishment as social constraints on behaviour are weak.Good-stricter control, reduces crime. Bad-some forms of public protection eg castration
Reperation
This usually occurs for crimes such as burglary. Often involves compensating the victim of the crime, ussually by the offender offering to pay a sum of money to the victim. This concept includes making reparation to society as a whole eg doing unpaid work in the community. There is also an increasing number of schemes that bring offenders and victims together, so offenders can make direct reparation which Is known as restorative justice. Left realist approach may see this approach to be effective in trying to reduce crime and produce a long-term change to a more equal, caring society. Good- restorative justice has a 14% reduction in crime and an 85% satisfacton rate
Denunciation
This is often for ofences such as littering.Help to reinforce the moral and ethical codes or boundary maintenance. These may have changed over time to what is acceptable within society. For example, smoking cigarettes was once acceptable and even encouraged by the medical profession whereas now it is illegal in a workplace. A functionalist approach to criminality would see social control as a means of achieving solidarity in society. Good- achieves solidarity in society as the setting of boundaries strengthens social cohesionBad-labels offenders, can lead to more crime.
