AC2.2 Discuss the aims of punishment Flashcards
What is the definition of retribution in the context of punishment?
an expression of society’s outrage at crime, where offenders suffer for breaching society’s moral code.
What are the key ideas behind retribution as an aim of punishment?
- Just desserts - Offenders should suffer for their crime.
- Proportionality - Punishments should fit the crime (e.g., “an eye for an eye”).
- Expressing moral outrage - Punishment is morally good, regardless of whether it changes the offender’s future behavior.
Which theories are linked to retribution?
1.Right Realism - Offenders are rational actors and should be punished for their choice to break the moral code.
- Functionalism (Durkheim) - Retribution maintains societal boundaries, reminding people of right and wrong.
What are the criticisms of retribution?
- It may fail to offer forgiveness.
2.Fixed tariffs may limit judicial discretion.
3.There may be disagreement on what crimes should be punished more severely.
What is the definition of rehabilitation in the context of punishment?
Rehabilitation involves changing offenders’ behavior to prevent future crime and help them live a crime-free life.
What are the key ideas behind rehabilitation?
- Positive change - Rehabilitation aims to help offenders change for the better.
2.Treatment - Focuses on addressing the causes of offending rather than punishing past actions.
3.Causes - It targets the underlying issues that lead to offending, such as poverty or addiction
Name 4 rehabilitation policies used in the criminal justice system.
- Education and training programs.
2.Anger management courses.
3.Drug treatment and testing orders.
4.Professional support from therapists and probation officers.
Which theories are linked to rehabilitation?
1.Individualistic theories - Cognitive Behavioral Therapy (CBT), Eysenck’s Personality theory, and Skinner’s operant learning theory.
2.Sociological Left Realism - Sees rehabilitation as addressing the social causes of crime, such as poverty and lack of education.
What are the criticisms of rehabilitation?
- Right Realists argue it has limited success, with high reoffending rates.
2.Marxists argue it shifts the blame to the individual rather than addressing the causes of crime like capitalism.
What is the definition of deterrence in the context of punishment?
Deterrence aims to discourage future offending by instilling fear of punishment
What are the two types of deterrence?
1.Individual deterrence - Punishment deters the individual offender from reoffending.
2.General deterrence - Punishment deters society as a whole from committing crime by serving as an example.
What is the distinction between severity and certainty in deterrence?
Severity refers to the harshness of punishment, while certainty refers to the likelihood of being caught. A severe punishment is more effective when the likelihood of being caught is high.
Which theories are linked to deterrence?
1.Right Realism (Rational Choice Theory) - Offenders weigh the costs and benefits of crime, and severe punishment increases the costs.
2.Social Learning Theory - Seeing others punished for crime may deter potential offenders from following their example.
What are the criticisms of deterrence?
- Boot camps and shock incarceration were unsuccessful in the UK and USA.
2.Prison is ineffective as a deterrent, as many offenders reoffend.
3.The assumption that offenders are aware of the risks may not always be true.
What is the definition of public protection in the context of punishment?
Public protection focuses on safeguarding society by removing dangerous offenders from circulation.
Which theories are linked to public protection?
1.Biological theories - Lombroso believed that criminals are biologically different and should be detained to protect society.
2.Right Realists - Persistent offenders are responsible for most crimes, and long prison sentences can incapacitate them
What are the criticisms of public protection?
1.Incapacitation (restricting freedom)leads to longer sentences without addressing the causes of crime.
2.It is a risk-management strategy, not a way of rehabilitating offenders.
What is the definition of incapacitation in the context of punishment?
Incapacitation removes an offender’s ability to commit further crimes by detaining them or limiting their movements.
Name 4 incapacitation policies.
1.Execution
2.Chemical castration
3.Banishment
4.Curfews and electronic tagging
What is the definition of reparation in the context of punishment?
Reparation involves offenders making amends for the harm they caused, either to the individual victim or society.
What are some examples of reparation?
1.Financial compensation for victims.
2.Unpaid work (e.g., Community Payback).
3.Restorative justice, where offenders meet victims to express remorse
Which theories are linked to reparation?
1.Labelling Theory - Reparation allows reintegration and prevents offenders from being stigmatized as criminals.
2.Functionalism (Durkheim) - Reparation helps restore social harmony and maintain order in society.
What are the criticisms of reparation?
1.It is more suitable for minor or property offences, not serious crimes like murder or sexual assault.
2.Some see it as too lenient on offenders.
