AC2.2 - Aims of Punishment Flashcards
What is retribution?
Punishment inflicted on someone as vengeance for a wrong or criminal act
What is an eye for an eye?
Punishment should be seen as revenge and the vritims are being avenged for the wrong done to them
What is just desserts?
Defines justice in terms of fairness and proportionality
Why is retribution an expressive view?
Expressive rather than instrumental view of punishent, expressing society’s outrage
How does retribution show public revuslion?
Punishment can be seen as a display of public revulsion for the offence
Why is retribution a backwards thinking aim?
Does not seek to alter future behaviour, merely to inflict punishmnet in proportion to the offence
What are examples of retribution?
- Hate crime - hostility based on race, religion, disability etc. carry an uplift which is expression of society’s outrage
- Public order - receive longer sentences for crimes if conducted during or pat of certain events (London riots)
What is the theory link of retribution?
Right realism - criminals make rational choice to commit crime. Have full responsibility
What is rehabilitation?
Action of restoring someone to health or normal life through training and therapy after imprisonment
What is the aim of rehabilitation?
Reform offenders and reintroduce then back into society
Why is retribution a forwards looking aim?
Hope that the offender’s behaviour will be altered and they will not reoffend
How does rehabilitation require free will?
Based on the belief that the defendant can actually do something about their offending - not determined by forces they cannot change
How does rehabilitation effect re-offending?
Without it, offending will only get worse. Offenders will fall back into crime if not properly rehabilitated.
How does rehabilitation treat causes of crime?
Using services and offenders can be reformed
What support does rehabilitation require?
Support from different agencies due to wide range of type of offenders that must be dealt with within the service
What are examples of rehabilitation?
- Education programmes - part of prison service may include unpaid work or completion of a education programme (Clink restaurant)
- Anger management - aimed at more violent offenders - may be used to get early release (Damien Hanson)
What theory supports rehabilitation?
Individualistic - token economies directly tied to behaviourist work of Skinner and Bandura
What is deterrence?
Discouraging an action or event through instilling doubt or fear of consequences
What is the aim of deterrence?
Deter individuals or general society from commiting crimes or further crimes
How does deterrence have certainty of punishment?
Requires need to increase likelihood of catching and punishing. Without this, the public or the offender will keep committing crimes
How does the severity of crime lead to deterrence?
An offender knowing that they would face the death penalty for an offence should be deterred from said offence
What are the two types of deterrence?
- General - deter society in general. The public will see the potential consequence of certain actions so ar deterred (London riots)
- Individual - deter a set individual. Threat from society (suspended sentence)
What theory links with deterrence?
Social learning - prisons are universities of crime so prisoners learn how to commit crimes from others
What is public protection?
Keeping the public safe from harm or injury
How does incapacitation protect the public? Types?
Used to stop offenders further offending
- Historically - execution
- Modern - chemical castration
Why does public protection require larger prisons?
Offenders would have longer sentences to provide greater protection
What does public protection focus on?
Protect society - victim focussed
What are examples of protecting the public?
Tagging
Limits locations. Government plans on tagging migrants making it easier to deport those entering the country illegally
Refusal of bail
Many are refused bail is seen too dangerous (Colin Stagg)
What theory links to public protection?
Biological - argue people are born criminal which cannot be changed so needs to be incapacitated
What is denunciation?
Society expressing its disapproval of criminal activity
How does denunciation reinforce moral boundaries?
Reminds society on what is correct behaviour
What does denunciation focus on?
Demonstrates to law abiding citizens that behaviour which is being punished is unacceptable
What are types of denunciation?
Instrumental
Form of education in that punishment reinforces the collective conscience of society (Durkheim)
Expressive
Punishment is justified because it expresses society’s abhorrence or crime. Does not look forward as it does not tru to change anyones behaviour
What are examples of denunciation?
Serious offences
Rochdale - faves of offenders were put on front pages of many newspapers
Celebrity status
Allows for wider public awareness of their actions (Jimmy Saville)
What theory links to denunciation?
Functionalism - Durkheim
What are reparations?
Action of making ammends for a wrong act.
Can be by providing payment or other assistance
What is the aim of reparation?
Punishment should compensate the victim of a crime
What are reparation variants?
A public apology including acceptance of responsibility
Commemorations and tributes to victims
Potential fine
How do reparations vary?
Vary on type of crime committed. If COVID-19 rules broken a public apology may be suitable however for other serious crimes a larger fine may be needed
What are examples of reparations?
Restorative justice
Offender will spend some time with the victim/family to repair social damage
What theory links to reparations?
Left realism - provides tactical measured to reduce crime and produce a long term change
