AC2.2 (aims of sentencing)

Question 1

What are the aims of sentencing?

Answer 1

retribution
rehabilitation
deterrence
protection of public
reparation

Question 2

What is retribution?

Answer 2

payback/vengeance for crimes committed
‘eye for an eye’
punishment should be proportionate to the crime
tariff system, therefore more serious crimes with harmful motives receive harsher punishment (Hirsch)

Question 3

Theories & criticisms of retribution

Answer 3

Functionalism: express societies outrage
Right realism: RCT
-doesn’t change behaviour
-is it possible to order offences/considering mitigating factors?
-very harsh, do offenders deserve forgiveness?

Question 4

What is rehabilitation?

Answer 4

reforming offenders & reintroducing them into society
focuses on changing behaviour
assumes free will and rational choice
e.g, community sentences and probation orders

Question 5

Give 2 examples of rehabilitation programmes

Answer 5

DIVERT: individuals skills, aiming to get jobs for young offenders to break offending cycle. 18-25
Prison reform trust: aims to improve prison conditions, promotes equality and human rights in CJS. By: informing prisoners and staff, links to government departments.

Question 6

Theories and criticisms of rehabilitation

Answer 6

Cognitive: CBT
Operant Conditioning: token economies
Left Realism: cause of crime is unemployment and poverty
-costly
-how is the effectiveness measured?
-views of public, popularity when voting.

Question 7

Individual vs general deterrence

Answer 7

Individual: reduces chance of offender re-offending, could be through a suspended sentence

General: seeing other people receive punishment will deter the individual from copying behaviour

Question 8

Theory links & criticisms of deterrence

Answer 8

SLT
Right Realism (RCT)
Situational crime prevention (CCTV)
-how much punishment stops reoffending?
-excess punishment used, 3 strike.

Question 9

What is public protection?

Answer 9

removing offenders capability of committing crimes (e.g, imprisonment, electronic tag or travel bans)
punishment protects society from dangerous criminals

Question 10

Criticisms of public protection

Answer 10

-expensive
-doesn’t deal with the cause of crime
-the impact of miscarriages of justice

Question 11

What is reparation?

Answer 11

compensation to the victim to make up for the damage done by crime
e.g, financial, community service or restorative justice

Question 12

Criticisms/theories of reparation

Answer 12

+prevents labeling for young people as they show remorse

Links to functionalism, reparation is needed for society to run smoothly as it returns to how it was before crime