ac2.2 disscuss the aims of punishment Flashcards
What is retribution, a major aim of punishment, based on?
Based on the idea that the offender deserves punishment proportional to the crime
How does retribution contain a element of revenge?
-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’
What does retribution not do?
Seek to alter behaviour it’s merely to inflict punishment in proportion to the offence
Who is retribution supported by?
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.
Describe the coroners and justice act, 2009
A court must follow guidelines, unless it is against the interest of justice to do so
How does right realism consider retribution
-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
How does functionalism consider retribution?
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.
State 4 weaknesses of retribution
-It makes justice into a transaction
-Makes it more difficult to consider migrating factors
-Prioritises punishment over treatment
-Dehumanises offenders
What is the aim of rehabilitation?
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
What are examples of rehabilitation?
-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
Why does treatment for alcohol and drugs help Rehabilitation
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
Why would individualistic theories support rehabilitation as a aim for punishment?
-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
Describe deterrence
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
What’s the time of individual deterrence?
To ensure the offender does not reoffend
Give an example of individual deterrence
-Suspended sentence, Term of imprisonment will only be activated if further offending occurs
-expectation that the impact of losing your liberty will prevent crime.
Explain, general deterrence
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
What suggested deterrence is not effective
The recidivism by many prisoners, 70% in the UK
Bromley briefings prison fact files reoffending rates
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)
how does left realism link with rehabilitation
helps to overcome factors such as unemployment, poverty and poor educational opportunities as cause of crime. reducing these issues will help to reduce offending
right realism link with deterrence
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
what is public protection or incapacitation
-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
other types of incapacitation
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
how would a right realist view public protection or incapition
public protection- imprisonment
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
