AC2.2 Discuss the aims of punishment Flashcards
What are the aims of punishment?
Deterrence, Retribution, Protection, Reparation, Rehabilitation.
What are the types of punishment?
Prison, electronic tagging, fines, community service, capital punishment and probation.
What factors can influence views on punishment?
- Actions of individuals and pressure groups
- Social change
- New ideas in education and politics
- The media.
What is deterrence?
Puts people off of committing crime due to it imposing fear.
Who favours deterrence?
Right realists- rational choice sees individuals as rational actors who weigh up costs and benefits
Social Learning theory- If you see a model being punished for offending you will be less likely to imitate that behaviour .
Does deterrence work?
No, only reduced crime by 5%. And the death penalty does not really deter people as the states with the death penalty have higher murder rates
What is retribution?
Contains the element of revenge (an eye for an eye) due to the victims getting justice, fairness and proportionality
Who favours retribution?
Right realists- Rational choice theory. Offenders choose what they are going to do and are fully responsible for their actions.
Functionalism- Retribution performs the function of boundary maintenance
Does retribution work?
No, due to their being lots of wrongful convictions, it prioritises punishment over treatment and it does not rehabilitate people.
What is rehabilitation?
Changing an offenders behaviour to prevent future crimes and to reintroduce them to society.
Who favours rehabilitation-
Individualistic theories- Such as cognitive theories, Eysenck’s personality theory, and Skinner’s learning theory
Left Realism-
Does rehabilitation work?
Yes- Can reduce the need to engage in criminal behaviour by undergoing treatments
- Contributes to a safer society
No- Expensive as it requires therapy, education, etc.
- Reoffending rates are still high
What is reparation?
Involves compensating the victim of a crime or making amends to society as a whole.
For example- financial payment, unpaid work
Who favours reparation?
Labelling theory- Favours restorative justice as a way for offenders to show remorse for the wrong they have done, and also supports re integration into society
Functionalists- Believes it is essential for a smooth functioning society
Does reparation work?
Yes- Reduces offending by 14%
No- Victims may not feel comfortable talking to an offender so no justice is stored.
What is public protection?
Involves keeping society safe from dangerous individuals
How did the Criminal Justice Act 2003 help keep the pubic safe?
Introduced a range of new changes to the CJS changing the sentences and offences.
Who favours public protection?
Biological Theories- Lombroso argued that criminals are biologically different from the rest of society so we can not rehabilitate them
Right realists- A good form for protection
What is a criticism of public protection?
Incapacitation leads to a higher prison population meaning that it might be harder to rehabilitate offenders.