Justice

Question 1

Incapacitation

Answer 1

Limiting the opportunity to reoffend. Either collective (long sentences for everyone) or selective (long sentences for those likely to reoffend)

Question 2

Selective Incapacitation

Answer 2

Good for high risk reoffenders, but relies on assessment of static (age, gender, SES) and dynamic (behaviour, training) factors.

Question 3

Issues With Incapacitation

Answer 3

Expensive, collective incapacitation is inefficient, assessment may be inaccurate or too rigid, mandatory sentencing may be too severe for some crimes.

Question 4

Deterrence

Answer 4

Threat of punishment prevents offending. Can be aimed at an individual (specific) or at a wider group (general) - learn from the consequences of others.

Question 5

Issues With Deterrence

Answer 5

Doesn’t work especially if punishment is low. Relies on offender perceiving themselves as likely to get caught. Needs enforcement and police presence, so very expensive.

Question 6

Rehabilitation

Answer 6

Structured and intensive (50+ hours) may help prevent reoffending. Needs to focus on problem solving and communication and involve family. Debate over efficacy of this.

Question 7

Retributive Justice

Answer 7

Punishment should match the severity of the crime. Often complex rules for penalties. Fits with concept of deservingness (extent to which the offender is responsible for the crime, the seriousness of the offence and the observers personality)

Question 8

Issues With Retributive Justice

Answer 8

Expensive, including victims in sentencing has issues (impact statements can cause anger/outrage in jurors leading to harsher penalties), variable sentencing and doesn’t reduce rates of reoffending.

Question 9

Restorative Justice

Answer 9

Aims to restore victim, offender and community. Only used for juvenile or non-violent crimes. Offender must be genuinely remorseful and is given the opportunity to apologise to the victim. Increases rates of court attendance.

Question 10

Issues With Restorative Justice

Answer 10

Not available for all crimes. May be traumatic for victim, remorse may not be real. However, overall offender and victim are satisfied with process.

Question 11

Symbolic Function of Justice

Answer 11

Retributive - crime is seen as an offence to victims dignity and position in society. Restore power to victim by punishing offender.
Restorative - offence is viewed as a violation of community values. Need to reaffirm these values through restoring victim, offender and community.