ac2.2: discuss the aims of punishment

Question 1

where are the 6 aims contained?

Answer 1

section 42 of the Criminal Justice Act 2003

Question 2

retribution

Answer 2

• 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

Question 3

what type of theory is this aim?

Answer 3

a backwards-looking theory

Question 4

examples of retribution

Answer 4

• 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

Question 5

sentencing guidelines

Answer 5

• 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

Question 6

using the sentencing guidelines for theft

Answer 6

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

Question 7

what punishment fits retribution?

Answer 7

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’

Question 8

what theory fits retribution?

Answer 8

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

Question 9

rehabilitation

Answer 9

• 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

Question 10

what is an example of rehabilitation?

Answer 10

drug or alcohol treatment

Question 11

what type of theory is this aim?

Answer 11

a forward-looking theory, it aims to alter behaviour and make people better

Question 12

what punishment fits rehabilitation?

Answer 12

community sentences

the aim is to change offender’s behaviour through things like community service and drug/alcohol treatments

Question 13

what theory fits rehabilitation?

Answer 13

left realism

it focuses on practical solutions to crime (e.g. drug treatments and rehabilitation) and finding the causes of crime

Question 14

deterrence - individual

Answer 14

• aims to deter the specific individual from reoffending
• the sentence has to scare the individual enough so they decide to commit more crime

Question 15

what punishment fits individual deterrence?

Answer 15

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

Question 16

what theory fits individual deterrence?

Answer 16

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

Question 17

deterrence - general

Answer 17

• 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

Question 18

what punishment fits general deterrence?

Answer 18

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

Question 19

case study: the london riots

Answer 19

• 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

Question 20

what theory fits general deterrence?

Answer 20

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

Question 21

public protection

Answer 21

• 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

Question 22

what punishment fits public protection?

Answer 22

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

Question 23

what theory fits public protection?

Answer 23

right realism

believe we should impose punishments as social constraints on behaviour are weak. stricter social control is needed to reduce crime

Question 24

reparation

Answer 24

• 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

Question 25

what is restorative justice?

Answer 25

• 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?

Question 26

pros of restorative justice

Answer 26

• may give the victim answers or closure
• may help the offender feel remorse, which could lead to them not committing more crime

Question 27

cons of restorative justice

Answer 27

• 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

Question 28

what punishment fits reparation?

Answer 28

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

Question 29

what theory fits reparation?

Answer 29

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

Question 30

denunciation

Answer 30

• aims to reinforce the moral and ethical codes of individuals in society
• this is known as boundary maintenance

Question 31

moral codes that have changed over time

Answer 31

• homosexuality
• smoking
• women’s rights
• the death penalty

Question 32

what punishment fits denunciation?

Answer 32

lengthy custodial sentence

• reinforces that what they have done is wrong

Question 33

what theory fits denunciation?

Answer 33

functionalism

they view social control as a means of achieving solidarity the setting of boundaries of acceptability towards crime strengthens social cohesion

Question 34

case study: shannon matthews

Answer 34

• 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