ac2.2: discuss the aims of punishment Flashcards
where are the 6 aims contained?
section 42 of the Criminal Justice Act 2003
retribution
- the offender deserves their punishment, they get their ‘just desserts’
- the punishment is a display of public revulsion for the offence
- it may be seen as ‘revenge’
- the aim doesn’t look to alter behaviour, but instead to provide justice and inflict punishment in proportion to the offence
what type of theory is this aim?
a backwards-looking theory
examples of retribution
- punishments are seen as ‘an eye for an eye’, ‘a tooth for a tooth’ or ‘a life for a life’
- the death penalty is an example of this
sentencing guidelines
- the aim is supported by the sentencing guidelines when sentencing individuals
- the judge consults the sentencing guidelines to ensure they give the most fair punishment
using the sentencing guidelines for theft
category 1 offence = goods above £100,000 with significant additional harm
culpability a: starting point is 3 years & 6 months custody. category range is 2 years 6 months - 6 years custody
culpability b: starting point is 2 years custody. category range is 1-3 years 6 months
culpability c: starting point is 1 year custody. category range is 26 weeks - 2 years custody
what punishment fits retribution?
custodial sentences - a mandatory life sentence or even indeterminate sentences
this is the next best thing to the death penalty, it fulfils the aim of revenge and ‘an eye for an eye’
what theory fits retribution?
right realism
it takes a zero-tolerance approach and is tough on crime, this links to the idea of revenge and punishing crime like retribution wants
rehabilitation
- aims to reform offenders and reintroduce them into society
- it presumes that criminal behaviour is due to free will and rational choice, so criminal behaviour is caused by something that the person can do something about, they chose to commit the crime
what is an example of rehabilitation?
drug or alcohol treatment
what type of theory is this aim?
a forward-looking theory, it aims to alter behaviour and make people better
what punishment fits rehabilitation?
community sentences
the aim is to change offender’s behaviour through things like community service and drug/alcohol treatments
what theory fits rehabilitation?
left realism
it focuses on practical solutions to crime (e.g. drug treatments and rehabilitation) and finding the causes of crime
deterrence - individual
- aims to deter the specific individual from reoffending
- the sentence has to scare the individual enough so they decide to commit more crime
what punishment fits individual deterrence?
suspended sentence
this will hang over the individuals head, they know if they reoffend they will go back to prison. this deters them fro committing further crime
what theory fits individual deterrence?
social learning theory
prisons are labelled as ‘universities of crime’, prisoners learn how to commit more crime or leave with more drug addictions. they may become scared that if they go to prison then they will get worse
deterrence - general
- uses the sentence to deter the rest of the population from committing similar crimes
- the issue with this aim is that usually the public don’t hear about sentences unless they are very high profile
what punishment fits general deterrence?
harsh custodial sentence, e.g. an indeterminate sentence
the rest of society will see this and not want the same harsh punishment, deterring them from committing the crime
case study: the london riots
- a woman was given 5 months after she was handed a pair of stolen shorts
- 2 men got 4 years for inciting a riot that never actually happened
society will see these harsh punishments and be deterred from committing crime during the riots
what theory fits general deterrence?
marxism
punishments given are viewed as inevitable in a capitalist society, this is due to capitalism causing inequality. the sentences are used to control the working class who are heavily policed
public protection
- needs the punishment to be useful to society, the sentence must offer us protection from dangerous criminals
- it may sometimes be referred to as incapacitation
what punishment fits public protection?
length custodial sentence, e.g. an indeterminate sentence
- criminals aren’t in society so can’t do harm
community sentences
- offenders have restrictions on where they can go and when, this can be done via electronic tags
chemical castration
- this is used in some US states on sex offenders
death penalty
- used in some places, the ultimate public protection
what theory fits public protection?
right realism
believe we should impose punishments as social constraints on behaviour are weak. stricter social control is needed to reduce crime
reparation
- involves compensating the victim for their experience
- this could involve the offender making amends to the victim or society
- one scheme that helps offenders and victims is restorative justice
what is restorative justice?
- the victim and offender are willingly brought together to communicate
- the victim may ask the offender questions for closure, the offender will try to answer
- e.g. why did you choose me?
pros of restorative justice
- may give the victim answers or closure
- may help the offender feel remorse, which could lead to them not committing more crime
cons of restorative justice
- may not work for sexual offences as it may be too traumatic for the victim
- the offender may use it to mess with the victim’s emotions
- the offender may be doing it to gain something, e.g. privileges
what punishment fits reparation?
fines
- it’s the best form of compensation, providing a monetary gain to the victim or to society
community sentence
- allows them to make up for what they’ve done by giving back to society
what theory fits reparation?
left realism
it’s a practical way to solve/prevent crime, e.g. if you vandalise it you clean it. it also creates a more equal and caring society, e.g. by making amends via restorative justice
denunciation
- aims to reinforce the moral and ethical codes of individuals in society
- this is known as boundary maintenance
moral codes that have changed over time
- homosexuality
- smoking
- women’s rights
- the death penalty
what punishment fits denunciation?
lengthy custodial sentence
- reinforces that what they have done is wrong
what theory fits denunciation?
functionalism
they view social control as a means of achieving solidarity the setting of boundaries of acceptability towards crime strengthens social cohesion
case study: shannon matthews
- on february 19th 2008, 9 year old shannon went missing. her mother karen made appeals on her ‘kidnapping’
- after a tip, police raided the home of karen’s boyfriends uncle and found shannon in the base of a divan bed, she wasn’t harmed but had been drugged and tethered
- he confessed him and Karen planned the abduction for the rewards money
this is an example of boundary maintenance, everyone came together to disapprove of what karen did, they reinforced what is acceptable and unacceptable behaviour
