AC2.2 - Discuss The Aims Of Punishemnt

Question 1

What are the aims of sentencing
(Retribution and Rehabilitation)
[Apply Theory]

Answer 1

Retribution (backwards looking theory)
- Offenders deserve punishment
- “Just Desserts” - (proportionality)
- Elements of Revenge

Right realism supports retribution as it blames the offender

AO3:
- offenders deserve forgiveness?
- how do we decide what is proportional

Rehabilitation - (Forward looking theory)
- Attempts to reintegrate an offender back into society
Types of Rehab are:
- AA
- Drug prevention
- Aversion Therapy - Eysenck

Skinners Operant Conditioning Theory:
- SUPPORTS rehabilitation as good behaviour can be reinforced

AO3:
- Right Realists say rehab has limited success (Reoffending rates are high)

Question 2

What are the aims of sentencing
(Deterrence, Public Protection and Reparations)
[Apply Theory]

Answer 2

Deterrence can be individual or general:
- Discourages offender and others to not commit crime

A general deterrent stops everyone in a community committing crime
(Community service wear bright red)
Ursula Nevin is an example of deterrent

! - However the recidivism rates show that deterrence doesn’t work (46% reoffend)

Public Protection:
Offender is prevented from exercising freedom
Mandatory Minimum sentences
- 7 years for class A drug
- 3 years for burglary

Right realists support as it prevents crime rates

CAN LINK TO IPPs - no release date

Reparations:
Offender making amends for their wrongdoings

Can come in the form of:
- Financial Compensation
- Unpaid Work
- Restorative Justice - offender sits down with victim

Functionalists would argue reparations but things back to normal

RRs say this is too soft

Question 3

What are the aims of denunciation
[Apply Theory]

Answer 3

Helps to reinforce moral ethics and codes
Boundary Maintenance is reinforced (Durkheim)

It aims to show offenders that society disapproves of their behaviour and that it is unacceptable
However, Becker would argue this creates labelling which is a SFP