AC2.2 - aims of punishment. Flashcards
what act states the aims of sentencing?
the criminal justice act 2003
CJA
what are the 5 aims of punishment?
retribution
deterrence
rehabilitation
protection
reparation
what is the aim of retribution
revenge to the offender.
what are they key points towards retribution?
- society is morally entitled to take revenge on the offender.
- the punishment should fir the crime ‘eye for an eye’
- the aim does not alter future behaviour
- it is a backwards thinking aim
-supported by the sentencing council - a way to express moral outrage.
what theories represent retribution?
right realism
functionalism
how does right realism back retribution?
they say it is a fitting method if the offender is punished at an appropriate level.
- they believe in rational choice–> rational choice shows that retribution assumes the offenders are rational actors who rationally choose to commit, therefore they are fully responsible for their crimes.
how does functionalism back retribution?
they believe that the moral outrage received through retribution performs the function of boundary maintenance.
what are the criticisms of retribution?
- offenders deserve forgiveness and a chance to make amends
- how do we decide what penalty fits.
- fixed tariffs mean no discretion
what is the aim of rehabilitation?
to reform the offender and make them use free will so that they do not want to commit crime but rather conform to societies rules.
what theories back rehabilitation?
individualistic theories: behaviour modification, operant learning.
left realism
how does the individualistic theory: behaviour modification link to rehabilitation?
treatments such as anger management focus on using techniques to extinguish undesirable behaviours and promote good.
how does the individualistic theory: operant learning link to rehabilitation?
it supports the use of token economy to encourage prisoners to produce more acceptable behaviour.
how does left realism back rehabilitation?
they favour rehab as they regard social factors such as unemployment, poverty or lack of education as causes of crime.
what are the criticisms of rehabilitation?
right realists argue that it only ahs limited effects
Marxists believe that it shifts the blame onto the individual instead of how capitalism leads to crime.
what is the aim of deterrence?
tries to discourage offenders and society from committing crime by seeing the consequences of crime and the effects of punishment.
what are they key points for deterrence?
-individual deterrence= prevents crime by frightening an individual with punishment. Eg; Margaret Thatcher’s boot camp regime
- general deterrence= aims to prevent crime by scaring the public with the punishment of an individual.
what are the 2 theories supporting deterrence
right realism
social learning
how does right realism support deterrence
they believe in rational choice which states that we are rational thinkers who can weigh up costs and benefits and respond to deterrence
- it is a good crime prevention
how does the social learning theory support deterrence
people who see models being punished are less likely to imitate the crimes
what is public protection
keeping society safe from crime and dangerous offenders
what are the key points for public protection
-main method is prison
- other policies are foreign travel ban, curfews and electronic tags
- in the past examples were execution, cutting hands, chemical castration and banishment
what theories support public protection
right realism
biological theories
how does right realism support public protection
they see the need to protect the public because social constraints are weak
how do biological theories support public protection
Lombroso believes that criminals are biologically different so they’re unable to change and should be taken out of society
