ADVANCED INFO: Topic 4 (AIMS of Punishment) Flashcards
Define Retribution
The idea that we make sure that criminals get what they deserve for the actions they have committed.
Name the 6 key principles of retribution
Justice, revenge, a public display of moral outrage, proportionality, compensation and setting an example.
Give 2 examples of crime that would use retribution as an aim of punishment
Murder and terrorism
Give 2 examples of punishment that try to fulfil retribution
Imprisonment and capital punishment
Give 2 limitations of retribution
It can lead to wrongful convictions- the idea of ‘throwing the book at someone’ means we do not focus on making the case fair and unbiased.
and
It is outdated- it fixates on revenge and not compassion, and doesn’t focus on the long term impact on society and offenders.
Give one sociological theory that links to retribution
Functionalism- believes that punishments should be public and harsh to help reaffirm society’s values and moral boundaries, and get justice for society when a crime has been committed.
Define Deterrence
The idea that we make sure that criminals never commit crime in the first place, or stop re-offending because they are fearful of the consequences.
Name the 4 key principles of deterrence
Rational choice, crime prevention, setting an example and fear of severity and certainty
Give 2 examples of crime that would use deterrence as an aim of punishment
Theft/robbery and possession of drugs and intent to supply
Give 2 examples of punishment that try to fulfil deterrence
Imprisonment and fines
Give 2 limitations of deterrence
Recidivism rates are high, with 29% recidivism rate for all sentences within 12 months of release, and juvenile rates are even higher, at 39%.
and
It assumes that individuals are making a rational choice to commit crime, it doesn’t take into account that some crimes are emotionally driven.
Give one sociological theory that links to deterrence
Right Realism- believes that people make a rational choice to commit crime, therefore if the punishment outweighs the reward, then people are less likely to engage in criminal activity.
Define Incapacitation
The idea that we literally restrict an individuals’ ability to commit crime because when a criminal is caught, we limit their movement, thus stopping them committing crime.
Name the 4 key principles of incapacitation
Removal of rights, protecting the public, instrumental and rational thinking and restriction of freedom, liberty and agency
Give 2 examples of crime that would use incapacitation as an aim of punishment
Murder and sexual offences
Give 2 examples of punishment that try to fulfil incapacitation
Imprisonment and curfews
Give 2 limitations of incapacitation
Assumes that the past dictates the future- no capacity for change.
and
Cost- it costs around £30,000 to keep someone in prison for a year, and the UK currently has a prison population of 80,000- which means the government puts £2.4 billion a year on average into prisons.
Give one sociological theory that links to incapacitation
Right realism- links to rational thinking and practical approaches to punishment, it believes that a defendant is making a rational choice to commit crime and is thereby responsible for their own actions.
Define Rehabilitation
The idea that we make sure that criminals are reformed by their punishment, so that they simply do not want to commit crime anymore. (focuses on the future, not past)
Name the 3 key principles of rehabilitation
Free will and change, compassion and empathy and understanding of structural reasons for crime.
Give 2 examples of crime that would use rehabilitation as an aim of punishment
Drug offences and assault
Give 2 examples of punishment that try to fulfil rehabilitation
Community service and anger management courses
Give 2 limitations of rehabilitation
Too compassionate- can lead to early release of offenders who commit very serious crimes, even though we had them incapacitated, we allow them to reoffend.
and
Not cheap- it takes a lot of specialist input and time in order to be effective and successful, and there is no guarantee that it will work.
Give one sociological theory that links to rehabilitation
Operant conditioning- by focusing on creating positive outcomes for those who choose law-abiding behaviour, we can aim to reduce the number of re-offenders.
Define Reparation
The idea that punishment should be based around the offender giving some form of compensation to the victim/wider society.
Name the 4 key principles of reparation
Justice, offenders being reintegrated into society, crime is harmful to the victim or society and society deserves compensation
Give 2 examples of crime that would use reparation as an aim of punishment
Murder and sexual offences
Give 2 examples of punishment that try to fulfil reparation
Fines and community sentences
Give 2 limitations of reparation
Restorative justice is an expensive practice and only works with highly skilled professionals working with both the offender and the victim.
and
It overstates how much an offender wants to face their offender- victims may feel uncomfortable doing so due to fear and/or shame.
…Also impossible to give reparations to certain victims of crime, e.g. homicide victims.