ac2.2 disscuss the aims of punishment

Question 1

What is retribution, a major aim of punishment, based on?

Answer 1

Based on the idea that the offender deserves punishment proportional to the crime

Question 2

How does retribution contain a element of revenge?

Answer 2

-provides a compensating measure of justice to someone who has committed murder, -provides justice for both the defendant and the victim
-‘An eye for eye, a tooth for a tooth life for a life’

Question 3

What does retribution not do?

Answer 3

Seek to alter behaviour it’s merely to inflict punishment in proportion to the offence

Question 4

Who is retribution supported by?

Answer 4

The sentencing Council, provides guidelines for the courts on the range of appropriate punishments are available. Punishment should be Proportionate to the harm done and must fit the crime.

Question 5

Describe the coroners and justice act, 2009

Answer 5

A court must follow guidelines, unless it is against the interest of justice to do so

Question 6

How does right realism consider retribution

Answer 6

-Fitting method of punishment, because it insures the defendant is being punished to appropriate level without consideration of the reasoning behind the crime or prevention to future offender,
-Also states the offenders social bonds are weak, and there may well be a poor economic background where the offender is unable to control the criminal urges

Question 7

How does functionalism consider retribution?

Answer 7

The moral outrage that retribution expresses perform the function of boundary maintenance Punishing an offender Reminds everyone of the difference between right and wrong and bring sort society closer together as a result.

Question 8

State 4 weaknesses of retribution

Answer 8

-It makes justice into a transaction
-Makes it more difficult to consider migrating factors
-Prioritises punishment over treatment
-Dehumanises offenders

Question 9

What is the aim of rehabilitation?

Answer 9

To reform offenders and reintroduce them into society, unlike retribution. It is a FORWARD LOOKING time with the hope that offenders behaviour will be altered and I will not reoffend.
It doesn’t focus on punishing past offenders, but rather uses various treatment programs to change offenders future behaviour by addressing the issues that lead to their offending

Question 10

What are examples of rehabilitation?

Answer 10

-Education and training programs leading to employment on release
-Anger the management courses for violent offenders to learn to deal with anger (violent crimes)
-drug treatment and testing Orders plus programs to treat alcohol dependence

Question 11

Why does treatment for alcohol and drugs help Rehabilitation

Answer 11

The abuse of drugs causes many crimes, and there have been punishments juice to help rehabilitate the offenders for example, the drug treatment and testing order, provide supervision on work and drug use

Question 12

Why would individualistic theories support rehabilitation as a aim for punishment?

Answer 12

-Eyesnecks and personality theory five is the use of aversion therapy to alter offenders behaviour eg anger management courses(psychoticsm can lead to aggressive behaviour)

-Skinners operant conditioning supports the use of token economies to encourage appropriate behaviour

-cognitive theories-favour CBT to teach offenders how to manage their anger and correct their thinking errors and biases that lead to aggressive or criminal behaviour

Question 13

Describe deterrence

Answer 13

Could ever be individual in respect of the offender or general, with regards to society as a whole. To put someone off doing something with the fear of being caught and punished in the case of committing crime

Question 14

What’s the time of individual deterrence?

Answer 14

To ensure the offender does not reoffend

Question 15

Give an example of individual deterrence

Answer 15

-Suspended sentence, Term of imprisonment will only be activated if further offending occurs
-expectation that the impact of losing your liberty will prevent crime.

Question 16

Explain, general deterrence

Answer 16

Prevent eventual offenders from committing a crime. People are not always aware of punishments given by the courts, unless they are published by the media. For example, the London riots 2011, minimum three year sentence for third burglary, mandatory sentence for murder

Question 17

What suggested deterrence is not effective

Answer 17

The recidivism by many prisoners, 70% in the UK

Question 18

Bromley briefings prison fact files reoffending rates

Answer 18

46% adults convicted within one year of release,
for those serving sentences of less than 12 months This increases to 59% (no rehabilitation if you have a 4/6 month sentence, nothing o help you do better when your back outside)

Question 19

how does left realism link with rehabilitation

Answer 19

helps to overcome factors such as unemployment, poverty and poor educational opportunities as cause of crime. reducing these issues will help to reduce offending

Question 20

right realism link with deterrence

Answer 20

rational choice theory, suggests a decision to commit crime is the result of cost vs benefit analysis. severe punishments and a high chance of getting caught should deter offending. situational crime prevention strategies.(target hardening is more difficult to commit the crime successfully(gated lanes,property, caring alarms, personal)) should also act as a deterrent

Question 21

what is public protection or incapacitation

Answer 21

-the idea that punishments must serve a useful purpose for society as a whole by protecting us (public) from dangerous criminals
-offender prevented from exercising their freedom
-eg long prison sentences, curfew orders

Question 22

other types of incapacitation

Answer 22

execution of offenders
cutting of hands-theifs
chemical castration-sex offenders
foreign travel bans-prevention of football hooligans from attending abroad matches
curfews/electric tags-prevent further offending by restricting movements
driving disqualification- to prevent people from driving following DUI(driving under influence /excessive speeding

Question 23

how would a right realist view public protection or incapition

Question 24

public protection- imprisonment

Answer 24

by taking offenders out of circulation, it prevents from committing further crimes against the public
-incapacitation for public protection has influenced sentencing laws eg crime sentencing act 1997 mandatory minimum jail sentences for repeat offenders eg minimum for a third class a drug trafficking offence

Question 25

case example of mandatory minimum sentence

Answer 25

jerry Williams 1995, was given 25 years to life without parole for stealing a slice of pizza(reduced to 6 on appeal)

Question 26

how do biological theories link with incapacitation

Answer 26

lombrosso bellived that criminal are biologically different fro non criminals. it is not possible to change or rehabilitate them. Lombrosso advised exiling criminals, away from the public.
-chemical or surgical castration has been used to incapacitate sex offenders

Question 27

what does reparation involve

Answer 27

making amends for a wrong they have done, whether to an individual victim, society as a whole or both

Question 28

example of reparation to a individual

Answer 28

restorative justice schemes, bring offenders. and victims together so offender can recognise the wrongfulness of their actions and make direct reparation, mat include letter of apology,meeting face to face . this allows the victim to explain the impact the crime has had, and the offender can express their remorse and seek forgiveness.

may have to pay a sum of money to the victim

Question 29

example of restorative justice to society

Answer 29

unpaid work community such as removing graffiti as a part of a community order referred t as community payback

Question 30

does retribution meet the aims of sentencing (positives)

Answer 30

yes it meets the aims for society
in some cases prison meets the aims as a offender can receive life in prison with no parole

Question 31

does retribution meet the aims of sentencing (negative )

Answer 31

may not meet aims individually for victim
in some cases it doesn’t met the aim as 6 months for SA is not deemed long enough

Question 32

how does left realism link with retribution

Answer 32

see such punishments as a way of proving practical measures to reduce crime and produce long term change to a more equal and caring society

Question 33

how does labelling theory link with retribution

Answer 33

favours rj as a way of reintegrating offenders into mainstream society by enabling them to show remorse and see the damage first hand that their actions have caused. this prevents them from being pushed into secondary deviance

Question 34

how do functionalist views link with retribution

Answer 34

argue that rj is essential for smooth functioning of complex societies. reparation allows thins to be put back to how they were before crime was committed