AC2.2 - Discuss the aims of punishment

Question 1

What are the aims of sentencing from Section 42 of the Criminal Justice Act 2003?

Answer 1

1. Punishment of offenders
2. Reduction of crime (including deterrence)
3. Reform and rehabilitation of offenders
4. Protection of the public
5. Making of reparation (amends) by offenders to persons affected by their offences

Question 2

What are the aims of punishment?

Answer 2

• Retribution
• Rehabilitation
• Deterrence
• Public protection
• Reparation
• Denunciation

Question 3

What is retribution?

Answer 3

• Based on the idea that offenders deserve punishment
• Contains an element of revenge, in that society and the victim are being avenged for the wrong done e..g, death penalty can be seen to fulfill ‘an eye for an eye…’
• Provides a compensating measure of justice to someone who has committed murder
• Doesn’t seek to alter future behaviour merely to inflict punishment in proportion to the offence
• Provides an appropriate punishment to provide justice for defendant and victim
• Can be expressed as a defendant getting their ‘just desserts’, which defines justice in terms of fairness and proportionality
• Supported by the sentencing council which provides guidelines for the courts on the range of appropriate punishments that are available

Backwards looking theory of punishment. It looks at the past to determine what to do in the present

Just desserts, proportionality, expressing moral outrage, cross cultural research

Question 4

What are just desserts in retribution?

Answer 4

One element to retribution is just desserts. Idea that you should receive the punishment. Offenders deserve to be punished and society is morally entitled to take its revenge. The offender should be punished for having breached society’s moral code

Question 5

What is proportionality in retribution?

Answer 5

The punishment should fit the crime - the idea of proportionality leads to a tariff system or a scale of mandatory compulsory penalties for different offences; so many years for armed robbery/fine for speeding

Question 6

What is expressing moral outrage in retribution?

Answer 6

Retribution is a way for society to express its moral condemnation or outrage at the offender. Punishment is morally good in itself, regardless of whether it changes the offender’s future behaviour. Retribution is a justification for punishing crimes already committed, not a way of preventing future ones. Any crimes motivated by hate receive a sentence uplift e.g., GBH is punishable by 5 years but can be increased to 7 if motivated by hate. This is a reflection of society’s stance against discrimination. Reflects society’s outrage at the offence

Question 7

What is cross-cultural research in retribution?

Answer 7

• Germany and the Netherlands have lower incarceration rates. They rely on fines or other community based punishments
• Sweden say the punishment is that prisoners have been deprived of freedom so focus on reform. This is because they say ‘our role is not to punish’.

Question 8

How does retribution link to right realism?

Answer 8

Right realists would support the idea of punishing criminals. They believe that heavier punishments will deter criminals as there is a chance of detection. They believe in zero tolerance policing and situational crime prevention

Question 9

How does retribution link to operant conditioning?

Answer 9

Operant conditioning says that negative punishment e.g., prison will make someone less likely to respect the behaviour

Question 10

What are the criticisms of retribution?

Answer 10

• Outdated as focus should be on changing offender behaviour
• Traffic offences illegal but not immoral retributions is crime proportional to crime, not always effective as people may reoffend
• How do we decide what is proportionate penalty or just desserts for each crime. People disagree about what crimes are more serious
• It can be argued that offenders deserve forgiveness, mercy and change to make amends not just punishment
• Doesn’t focus on rehabilitation - people may come out worse
• If there is a fixed tariff/penalty, punishment is still inflicted even if no good will come, e.g., remorseful offender who won’t reoffend

Question 11

What is rehabilitation?

Answer 11

A forward-looking theory of punishment. It has hope that offender’s behaviour will be altered, and they won’t reoffend.
Aim: to change the offender’s views by making them understand the consequences of their actions and develop different thinking than criminal thoughts. This theory presumes that criminal behaviour is a result of free will and rational choice. In other words, it is caused by factors that the defendant can actually do something about

Question 12

What are the types of rehabilitaiton?

Answer 12

Community sentences and probation orders

Question 13

What are probation orders?

Answer 13

Unpaid work, completion of education/training, treatment for addiction (alcohol & drugs) and anger management programmes

Question 14

What is drug rehabilitation?

Answer 14

The abuse of drugs cause many crimes and there have been punishments introduced to help rehabilitate offenders. The Drug Treatment and Testing Order requires regular assessment and reporting to the court to enable to the sentencer to review progress/ Treatment plans and regular drug tests

Question 15

What is rehabilitation like in Spain?

Answer 15

• Gardening and farming
• Only in cells for 45 mins and overnight, in UK can be up to 23 hours a day
• Focus on education and rehabilitation - only 20% reoffend, 67% in England and Wales
• 24/7 mentors

Question 16

What would individualistic theories say about rehabilitation?

Answer 16

Would support rehabilitation and the aim of punishment. They advocate various ways of changing offender’s behaviour

Question 17

What do cognitive theories say about rehabilitation? (Individualistic)

Answer 17

Favour behaviour modification treatments such as anger management courses which focus on techniques to extinguish undesirable behaviours and promote desirable ones

Question 18

What does Eysenck’s personality theory say about rehabilitation? (Individualistic)

Answer 18

People who are highly neurotic and highly extravert and a psychotic are more likely to commit crimes. This is because they crave excitement. A person’s personality can be reformed through aversion therapy. When offenders think about an unacceptable thought they are given a strong aversion stimulus, this is repeated until an offender associates deviant arousal with the stimulus. This is rehabilitation because they want to change the offender behaviour

Question 19

What does Skinner’s operant conditioning say about rehabilitation? (Individualistic)

Answer 19

People commit crimes because of operant conditioning. If they are not punished for committing crime, the behaviour will be reinforced. Behaviour is positively and negatively reinforced. People are more likely to repeat a behaviour if they are rewarded. If punished they are less likely to repeat the behaviour
Token economies - offenders receive tokens for good behaviour. With these tokens they will be able to exchange them for things like extra visiting time. Their behaviour will then be changed because the good behaviour will be reinforced

Question 20

What do left realists say about rehabilitation? (Sociological)

Answer 20

Focus on reforming criminals because they see the root causes of crime e.g., marginalisation, relative deprivation and subcultures. This is all inequality. WC are more likely to commit crime. These are reasons why people commit crimes such as inequality e.g., poor education opportunities or unemployment. Therefore, will support rehabilitation because the offender can change if you address those issues of inequality. They’d support unpaid work because if you develop their skills they can get work outside, prison wouldn’t do this

Question 21

What are the criticisms of rehabilitation?

Answer 21

• May not work: people can still reoffend –> not everyone can change as people have to take part and change
• Victims may feel the punishment isn’t just
• Marxists would criticise it for shifting the responsibility of offending onto the individual offender’s failings, rather than focusing on how capitalism leads some to commit crime
• Costly to bring in trained people to do education courses/programmes
• Right realists would say it’s an easy way out - it only has limited success, many reoffend even after undergoing programmes

Question 22

Who would criticise rehabilitation?

Answer 22

Marxists and right realists

Question 23

What is deterrence?

Answer 23

Discouraging behaviour through fear of punishment. It is either individual - in respect of the offender, or in general with regards to society as a whole

Question 24

What is the recidivism rate which shows deterrence is ineffective?

Answer 24

Bromley Briefings Prison Factfile Autumn 2017: prison has a poor record for reducing reoffending as 46% of adults are reconvicted within 1 year of release

Question 25

Which theory links to recidivism and prison?

Answer 25

SLT - universities of crime

Question 26

What is the aim of general deterrence?

Answer 26

How you prevent the population from offending (potential offenders). People know the punishment so will be put off from offending

Question 27

How are the London Riot sentences an example of general deterrence?

Answer 27

Sentences were harsher because the government wanted to deter others from rioting and looting. Sentences were increased by 25%

Question 28

What would Marxists say the cause of crime is? ***

Answer 28

Unequal structure of capitalist society

Question 29

Why are harsh punishments inevitable in capitalist society?

Answer 29

They want to keep the WC under control so harsh punishments are inevitable. Bourgeoisie want to keep their power over proletariat preventing rioting and putting people at risk of fighting back in prison

Question 30

What does rational choice theory say about deterrence?

Answer 30

• Way up the cost and benefit of committing a crime
• They will commit the crime if the benefit outweighs the cost
• They would support deterrence/harsh punishments because it puts fear into the offender to deter them from committing crime

Question 31

What do right realists say about deterrence?

Answer 31

Favours deterrence as a means of crime prevention e.g., zero tolerance policing

Question 32

What does social learning theory say about deterrence?

Answer 32

SLT is relevant to understanding general deterrence. They would support deterrence because an offender model off their peers e.g., being punished for offending they will be less likely to imitate that behaviour
Differential association - if you see someone commit a crime and not be punished, tour’e more likely to replicate that behaviour

Question 33

What are the criticisms of deterrence?

Answer 33

• Very little evidence that short, sharp shocks or boot camps reduce youth offending behaviour in UK and USA
• Half of all prisoners reoffend within a year of release suggesting that prison is not an effective deterrent
• Deterrence assumes would be offenders know what the punishments are, but they may be ignorant of the penalties
• Assumes offenders act rationally, carefully weighing up the risks. But, some act irrationally, driven by their emotions without thought for the likely punishment
• When people follow the law, it might be because they believe that it’s right to do so not because of the deterrence

Question 34

What is public protection?

Answer 34

Idea that punishment must serve a useful purpose for society as a whole by protecting us from dangerous criminals. Sometimes it is referred to as incapacitation as the offender is prevented from exercising their freedom. Examples include a long prison sentences. However, other punishments will restrict an offender such as curfew orders restricting when people can leave their home. Sometimes these are supported by restricting when people can leave their home. Sometimes these are supported by electronic tagging, which provides both incapacitation for the criminal and protection for society. Some states in the USA carry out castration offences.

Question 35

How is prison a form of public protection/incapacitation?

Answer 35

Offender cannot get out to commit crimes. Physically restricted, guards

Question 36

How are community orders such as curfews/restrictions a form of public protection/incapacitation?

Answer 36

Person must be home at a certain time, restricts the amount of opportunity/time for crime. Monitored and limited in where they can go

Question 37

How is capital/corporal punishment a form of public protection/incapacitation?

Answer 37

Physically prevents someone from committing crime as they are dead

Question 38

What are mandatory minimum jail sentences for repeat offenders - Crime sentences act 1997?

Answer 38

Mandatory life sentence for second serious offence. Minimum of 7 years for third class A drug trafficking offence. Minimum of 3 years for third domestic burglary. Punishment introduced to protect public

Question 39

What are indeterminate public protection sentences (IPP)?

Answer 39

2005-12
Must prove to parole board that they aren’t a danger to the public. People out in prison and given no release date. Applied more widely than it should’ve been, meant to be for serious offences. Now abolished, An example of public protection because they are sentenced until they prove they’re not a danger to the public

Question 40

How does Lombroso link to public protection/incapacitation?

Answer 40

• Born criminal and cannot be rehabilitated
• He favoured exiling criminals because they can’t be changed
• Best way to protect public is to separate them

Question 41

How does Right realism link to public protection/incapacitation?

Answer 41

• Heavier punishment will deter people from committing crime
• Offenders will always choose to commit crime so incapacitating them will reduce crime as it protects the public

Question 42

What are the criticisms of Public protection/incapacitation?

Answer 42

• IPP will lead to longer prison sentences so prisons will be overcrowded which is expensive
• Incapacitation doesn’t change the offender, no rehabilitation so offender will stay the same. Does nothing to deal with the cause of crime
• Minimum sentences assumes they’re going to commit the crime again which is why they’re given a sentence for the protection of the public. It repunishes them for their previous crimes which is unjust

Question 43

What is reparation?

Answer 43

Involves the offender making amends for a wrong they have done, weather to an individual victim, society as a whole, or both. The harm done can be both material and social. Making amends for material damage can include:
- Financial compensation
- Unpaid work
- Restorative justice

Question 44

How do offenders make reparation with financial compensation?

Answer 44

Financial compensation to the victim, for example paying the cost of repairing damage done to someone’s property. Courts have the power to impose compensation orders of offences (Financial amendments)

Question 45

How do offenders make reparation with unpaid work?

Answer 45

Do unpaid work to make reparations to society through community payback, for example removing graffiti from public buildings. This is imposed by the court as a part of a community order. (Social amendments)

Question 46

How do offenders make reparation with restorative justice?

Answer 46

• Offender meets victim, offenders realise how it makes victims feel and what harm they’ve caused. Victim explains impact, offenders say why they committed the crime. The victim also receives an apology which provides closure for the victim and prevents reoffending. 2/3of those leaving prison are reconvicted within 2 years. Restorative justice prevents recidivism by up to a half

Question 47

How can you link reparation to labelling theory?

Answer 47

People are given a label like criminal, people live up to the label because they believe it’s true - self-fulfilling prophecy. Would support reparations such as restorative justice because the offender can show remorse and it allows them to reintegrate into society because they can move on from the label. Prevents them being punished into secondary deviance. Enables them to show genuine remorse

Question 48

How can you link reparation to functionalism?

Answer 48

Durkheim argues that reparation helps to put things back to how they were before the crime was committed, it is essential for the smooth functioning of complex modern societies

Question 49

What are the criticisms of reparation?

Answer 49

• Reparation may not work for all types of offence. Compensation for damage to property or minor offences may be straight forward, but can reparation be made for sexual or violent crimes? A rape victim may not want to face or forgive their rapist. By definition, reparation to homicide victims is impossible. Trauma from crime, pedophile meeting victim would be innapropriate. Would only work if offender wants to change - psychopaths
• Some regard reparation as too soft of form of punishment that lets offenders off lightly

Question 50

What is denunciation?

Answer 50

Helps to reinforce the moral and ethical codes or boundary meantiencance. These may have changed overtime to waht is acceptable within society. For example, smoking cigarettes was once acceptable and even encouraged by the emdical progession. Now it is illegal in the workplace and in motor vehicles with a child passenger. Denunciation aims to show offenders that society disapproves of their behaviour and that is inacceptable conduct (shaming).

Question 51

What is an example of denunciation?

Answer 51

People wearing high-vis when doing unpaid work

Question 52

How can we link functionalism to denunciation?

Answer 52

Durkheim says that crimes maintain boundaries between what is acceptable and unacceptable behaviour. Denunciation shows people what is right and wrong in society. Through things like shaming, boundary maintenance is achieved