ADVANCED INFO: Topic 4 (AIMS of Punishment)

Question 1

Define Retribution

Answer 1

The idea that we make sure that criminals get what they deserve for the actions they have committed.

Question 2

Name the 6 key principles of retribution

Answer 2

Justice, revenge, a public display of moral outrage, proportionality, compensation and setting an example.

Question 3

Give 2 examples of crime that would use retribution as an aim of punishment

Answer 3

Murder and terrorism

Question 4

Give 2 examples of punishment that try to fulfil retribution

Answer 4

Imprisonment and capital punishment

Question 5

Give 2 limitations of retribution

Answer 5

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It is outdated- it fixates on revenge and not compassion, and doesn’t focus on the long term impact on society and offenders.

Question 6

Give one sociological theory that links to retribution

Answer 6

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.

Question 7

Define Deterrence

Answer 7

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.

Question 8

Name the 4 key principles of deterrence

Answer 8

Rational choice, crime prevention, setting an example and fear of severity and certainty

Question 9

Give 2 examples of crime that would use deterrence as an aim of punishment

Answer 9

Theft/robbery and possession of drugs and intent to supply

Question 10

Give 2 examples of punishment that try to fulfil deterrence

Answer 10

Imprisonment and fines

Question 11

Give 2 limitations of deterrence

Answer 11

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.

Question 12

Give one sociological theory that links to deterrence

Answer 12

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.

Question 13

Define Incapacitation

Answer 13

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.

Question 14

Name the 4 key principles of incapacitation

Answer 14

Removal of rights, protecting the public, instrumental and rational thinking and restriction of freedom, liberty and agency

Question 15

Give 2 examples of crime that would use incapacitation as an aim of punishment

Answer 15

Murder and sexual offences

Question 16

Give 2 examples of punishment that try to fulfil incapacitation

Answer 16

Imprisonment and curfews

Question 17

Give 2 limitations of incapacitation

Answer 17

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.

Question 18

Give one sociological theory that links to incapacitation

Answer 18

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.

Question 19

Define Rehabilitation

Answer 19

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)

Question 20

Name the 3 key principles of rehabilitation

Answer 20

Free will and change, compassion and empathy and understanding of structural reasons for crime.

Question 21

Give 2 examples of crime that would use rehabilitation as an aim of punishment

Answer 21

Drug offences and assault

Question 22

Give 2 examples of punishment that try to fulfil rehabilitation

Answer 22

Community service and anger management courses

Question 23

Give 2 limitations of rehabilitation

Answer 23

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.

Question 24

Give one sociological theory that links to rehabilitation

Answer 24

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.

Question 25

Define Reparation

Answer 25

The idea that punishment should be based around the offender giving some form of compensation to the victim/wider society.

Question 26

Name the 4 key principles of reparation

Answer 26

Justice, offenders being reintegrated into society, crime is harmful to the victim or society and society deserves compensation

Question 27

Give 2 examples of crime that would use reparation as an aim of punishment

Answer 27

Murder and sexual offences

Question 28

Give 2 examples of punishment that try to fulfil reparation

Answer 28

Fines and community sentences

Question 29

Give 2 limitations of reparation

Answer 29

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.