AIMS OF PUNISHMENT Flashcards
What are the 5 aims of punishment
- Retribution
- Rehabilitation
- Deterrence
- Public Protection
- Reparation
Explain RETRIBUTION as an aim of punishment
A backward looking aim that has an element of revenge for society and victims (An Eye for an Eye), meaning justice can be served via appropriate punishments.
Retribution doesn’t aim to change criminal behaviour but to punish behaviour that has already been carried out.
Explain REHABILITATION as an aim of punishment
A forward looking aim that wants to change criminal behaviour and prevent future crime so offenders can be reintroduced into society.
It assumes that crime is committed as a result of free will and rational choice, therefore offenders can make action to change their behaviour.
Explain DETERRENCE as an aim of punishment
Aims to reduce recidivism and first time offending by establishing a fear of punishment.
Short, sharp punishments act as INDIVIDUAL deterrents to prevent re-offending and ‘making an example’ of severe, high profile cases acts as GENERAL deterrents for society as a whole.
Explain PUBLIC PROTECTION as an aim of punishment
Aim to protect society from dangerous criminals (INCAPACITATION).
Idea that punishment will prevent offenders from exercising their freedom to commit further crimes.
Explain REPARATION as an aim of punishment
Like ‘paying back’ for crimes, this involves compensating victims of a crime or making amends to society as a whole. RESTORATIVE JUSTICE allows victims to explain the impacts a crime has had on them, understand the reasoning for it being committed as well as receiving an apology.
Give TWO examples of RETRIBUTION
- Mandatory life sentences for serious crimes, e.g. murder
- Death sentence (In 27 US states)
Give TWO examples of REHABILITATION
- Speed awareness courses
- Drug treatments whilst in prison
Give ONE example of DETERRENCE
- Harsh sentencing for minor criminality during 2011 London Riots
This acts as a general deterrent for society
Give TWO examples of PUBLIC PROTECTION
- Some US states chemically castrate sex offenders to prevent them committing future crimes
- Full life terms for child murderers, e.g. Ian Huntley
This keeps people locked away to prevent further crime
Give TWO examples of REPARATION
- Community Service
- Restorative Justice
Outline the THEORY behind retribution
Right realists claim more control and harsh punishments can prevent crime and that it is a result of INADEQUATE SOCIALISATION and POOR SELF CONTROL.
Zero tolerance policies aim to try and outweigh the reward scale and present a higher risk when committing crime.
Outline the THEORY behind rehabilitation
Left realists argue rehabilitation gives an opportunity to address social causes of crime. They believe crime is linked to poverty, unemployment and lack of educational opportunity. If offenders could receive skills and training to meet these needs, crime would be less likely to occur.
Outline the THEORY behind deterrence
Marxists believe criminality is inevitable due to inequality. Harsh sentencing as a form of punishment reflects the bourgeoisie controlling the proletariat who are more heavily policed, e.g. Longer sentencing for armed robbery compared to GBH.
Outline the THEORY behind public protection
Right realism promotes protection of the public as the aim of punishment. Charles Murray argues criminals have low levels of self control due to poor parenting, therefore if they cannot control their impulses they should be locked away to protect society.
Outline the THEORY behind reparation
Left realists believe crime is a result of marginalisation from mainstream society. Giving offenders the opportunity to consider their actions and apologise, this begins to create a more caring and inclusive society.
Evaluate RETRIBUTION
Punishment is placed over treatment. The Prison Reform Trust states 71% women and 47% men in the UK have reported mental health issues. Retribution criminalises mental health when individuals may not have had the mental capacity to consider their actions, e.g. manslaughter.
Evaluate REHABILITATION
Right realists argue rehabilitation is unsuccessful due to high re-offending rates, despite having offenders take part in rehabilitative courses. Once out of prison, offenders return to their previous ways as they learn that taking part in these courses helps them be released quicker. Right realists would argue rehabilitation is the ‘soft option’ for punishment, especially for serial offenders.
Evaluate DETERRENCE
The Prison Reform Trust argues deterrence isn’t effective as 46% of offenders are re-convicted within a year of being released, meaning prisons fail to deter further crime. It is also said that prisons are classed as ‘UNIVERSITIES OF CRIME’ as inmates learn how to commit other crimes from fellow prisoners, and SLT claims this is because observational learning takes place within the deviant prison subcultures.
Evaluate PUBLIC PROTECTION
This is deterministic as there is no acknowledgement that criminality results from desperate situations like poverty and drug addiction. Left realists argue that if we provided effective support and addiction treatment, offenders wouldn’t need to commit crime and long term costs for sentencing would be rendered unnecessary as the public wouldn’t need protecting from these criminals any longer.
Evaluate REPARATION
Reparation isn’t widely available for all offenders across the UK. Also, victims must be willing to take part so due to this it can’t be a global solution to resolve recidivism. Victim Support also says psychological harm may still be caused during these meetings, especially if the offenders show no remorse or empathy towards victims or their families.
