AC2.2 Discuss the aims of punishment

Question 1

Retribution

And what theory supports it?

Answer 1

It does not seek to alter behaviour merely to inflict punishment in proportion to the offence to provide both justice to the defendant and the victim.

Right Realists’ approach would consider retribution as a fitting method of punishment. This is because it ensures that the defendant is being punished to an appropriate level without consideration of the reasoning behind the crime.

Question 2

Rehabilitation

And what theory supports it?

Which punishment is it found in?

Answer 2

Rehabilitation aims to reform offenders and eventually reintroduce them to society with the hope that the offender’s behaviour will be altered and therefore not reoffend in the future. It can be seen in community sentences such as probation orders that involve unpaid work or completion of an education course.

Left realists would support rehabilitation as it sees criminality caused by capitalism and this punishment would therefore help criminals by providing strategies to manage the strain put on them through poverty, unemployment, or poor education.

Question 3

Deterrence

And what theory supports it?

Answer 3

Deterrence can either be individual or general. Individual deterrence aims to ensure that the offender does not reoffend. Whereas general deterrence aims to prevent potential offenders from committing a crime.

Rational choice theory supports general deterrence as it states that individuals are rational actors who weigh up the costs and benefits before deciding whether to offend. Therefore severe punishments and a high chance of getting caught will deter criminalty.

Question 4

Reparation

And what theory supports it?

Which punishment is it found in?

Answer 4

This involves the offender making amends for the wrongs they have done whether to an individual, society as a whole, or both. Making amends can include financial compensation, unpaid work, and restorative justice schemes.

Labelling theory favours the restorative justice approach as a way of reintegrating offenders into society. By enabling them to show remorse, it prevents them from being pushed into secondary deviance and reoffending as a result.

Question 4

Public protection/incapacitation

And what theory supports it?

Which punishment is it found in?

Answer 4

This is the idea that punishment must be a useful purpose for society as a whole by protecting us from dangerous crimes. Sometimes it is known as incapacitation as it often involved the offender from being prevented from exercising their freedom. A long prison sentence is an obvious example of prison incapacitation.

Right realists support incapacitation because they believe the majority of crimes are committed by a small minority, therefore by targeting and imprisoning them, criminality is reduced and the public are protected.