Justifying + Explaining Punishment Flashcards
1
Q
(Garland, 1990: 17)
Re. What is punishment?
A
“The legal process whereby violators of criminal law are condemned and sanctioned in accordance with specified legal categories and procedures”
(Garland, 1990: 17)
2
Q
WHY do we punish?
A
•Someone has wronged - Breached the rules - (Legal/Social/Organisational or Immoral)
3
Q
Deterrence (Bennet, 2008: 66)
- Individual
- General
A
“Deterrence is a rationale for sentencing that asserts that punishment can prevent future offending.” (Bennet, 2008: 66)
- Individual basis - tailored sentence leads offender to realise crime doesn’t pay
- general basis - severe penalties deter others from committing similar crimes
4
Q
Factors determining SPECIFIC DETERRENT EFFECTIVENESS
A
- Physical punishment
- Location or
- Certainty and severity of
- monetary
