Discuss the aims of punishment Flashcards
What are the four categories of punishments explained?
custodial - mandatory and discretionary life sentences. fixed term and indeterminate sentences suspended sentences.
community sentences can be a combination order e.g. unpaid work, curfew, drug treatment and testing, supervision (probation).
fines - depends on financial circumstances of the offender and the seriousness of offence.
discharges - conditional, if the defendant reoffends during this time (up to 3 years) the courts can give a different sentence. absolute = no penalty is imposed. defendant is guilty but morally blameless.
who gives out punishments?
a judge - they have unlimited powers they are only restricted by the sentence the offence carries for example, theft 7 years.
a magistrate - limited powers - for one offence 6 months in prison as well as, or a £5,000 fine. for two or more offences 12 months in prison and/or a £10,000 fine.
why do we punish and what is its purpose?
under section 142 criminal justice act 2003 defines the purposes of sentencing as:
‘the punishment of offenders;the reduction of crime (including its reduction by deterrence); the reform and rehabilitation of offenders; the protection of the public; and the making of reparation by offenders to persons affected by their offence’.
what are the aims of retribution? include an example.
this is the idea that the offender deserves punishment. this can be seen as a display of public revolution for the offence.
it contains an element of revenge, in that society and the victim are being avenged for the wrong done.
death penalty - this fulfils a biblical expression, ‘an eye for an eye’. it provides a compensating measure of justice to someone who has committed murder.
what does ‘let the punishment fit the crime’ mean? - retribution:
does not seek to alter future behaviour merely to inflict punishment in proportion to the offence. this provides an appropriate punishment to provide justice to both the defendant and the victim. this is expressed as the defendant getting their ‘just desserts’ (justice I’n terms of fairness and proportionality).
who is fairness and proportionality supported by?
the sentencing council - they provide guidelines for the courts on the range of appropriate punishments that are available. The coroners and justice act 2009 when sentencing the court must follow any relevant guidelines, unless it is contrary to the interests of just to do so.
what type of theory is retribution? include an example
Retribution is a backward‐looking theory of punishment. It looks to the past to determine what to do in the present. Examples of punishments which clearly contain retribution include the mandatory life sentence for murder and increased punishment for crimes with a hate motive.
How does rights realism link to retribution?
A rights realist approach would consider retribution as a fitting method of punishment. This is because it ensures the defendant is being punished to an appropriate level without consideration of the reasoning behind the crime or prevention of future offending.
What is denunciation? example.
This aim helps to reinforces the moral and ethical codes or boundary maintenance. These may have changed over time to what is acceptable within society. For example smoking cigarettes was once acceptable and even encouraged by the medical profession. Now it is illegal in the workplace and in a motor vehicle with a child passenger.
Shannon Matthew’s case is an example of denunciation.
Which theory of criminality may apply to denunciation?
A functionalist approach to criminality would see social control as a means of achieving solidarity in society. The setting the boundaries of acceptability towards crime strengthens social cohesion or the willingness of members of society to co-operate with one another.
In addition it could be argued that by labelling the offender as criminal it produces further crime as they start to view themselves as a criminal. This can lead to a self-fulfilling prophecy, which means that they start to internalise the label and start acting and behaving in a way which mirrors the label.
what is INCAPACITATION OR PROTECTION OF THE PUBLIC?
This is the idea that punishment must serve a useful purpose for society as a whole by protecting us from dangerous criminals. Sometimes it is referred to as incapacitation as the offender is prevented from exercising their freedom. Long prison sentence is an obvious example of incapacitation. However other punishments will restrict an offender.
examples of incapacitation?
Curfew restricts when someone can leave their home. Sometimes this is backed up with electronic tagging which provides incapacitation for the criminal and protection for society.
Some states in the USA carry out castration of sex offenders and right hands have been cut off at the wrist as punishment for theft in Sharia-controlled areas of Nigeria and in Saudi Arabia.
Chemical castration also takes place in HMP Frankland
which theory of criminality applies to incapacitation?
A right realist viewpoint may see the need to carry out public protection, in a punishment, as social constraints on behaviour are weak Stricter social control is needed to reduce crime and punishments which restrict liberty will help to provide the necessary social control.
what is deterrence? include examples.
This can be either individual deterrence in respect of the offender or general with regard to society as a whole.
Individual deterrence is intended to ensure that the offender does not re-offend. Individual deterrence could occur as a result of a prison sentence in the expectation that the impact of losing your liberty will prevent future offending.
A suspended
sentence is clearly an example of individual deterrence as the term of imprisonment will only activate if further offending occurs. if there is no re-offending the offender will not go to prison.
what would the recidivism rate suggest about deterrence? include a theory.
However the recidivism rate would suggest that many prisoners are not deterred from committing crimes by the possibility of a further term of imprisonment. According to the Bromley Briefings Prison Factfile Summer 2018, ‘Prison has a poor record for reducing reoffending—nearly half of adults (48%) are reconvicted within one year of release. For those serving sentences of less than 12 months this increases to 64%. ‘
The above statistic may suggest that the social learning theory, is relevant. Often classed as universities of crime it may be that some offenders are learning how to commit more crime from fellow prisoners. The prevalent sub culture such as a peer group is one of the main ways observational learning takes place.
