Lecture 7 theories of punishment Flashcards
What is the basic meaning of the retribution theory?
Crime is so severe it deserves death penalty
What are the theories of punishment?
Retribution
Utilitarian theory
Humanitarian approach
What is the basic meaning behind utilitarian approach?
Acts as a general deterrence, educates people to think of murder as evil
What is the basic meaning if the humanitarian approach?
Rehabilitation
What are the 7 features of punishment?
Involves the infliction of something which is assumed to be unwelcome to the recipient
The infliction is intentional
Those who order it are regarded as having the right to do so
The occasion for the infliction is an action which infringes a law
The person punished has played a voluntary part in the infringement
The punishers reason for punishing has to be justified
It is the belief or intention if the person who orders something to be done
What are the reason to punish?
Protect society
Prevent future offending
Rehabilitation
Deterrence
The victim
What is retribution?
The idea that the harm done to society is counterbalanced by a proportionate punishment
What is the utilitarian theory?
The punishment is justified by its future consequences
Punishing an offender results in greatest good for greatest number of people
Useful for purposes of rehabilitation and reduction of offending
It is okay if more than just the offenders suffer for the greatest good
What is a deterrence?
People are deterred from actions when they refrain from them because they dislike what they believe to be possible consequences of those actions
What is the humanitarian approach?
Recognises that offenders may come from disadvantaged backgrounds
Offenders may have been childhood victims of criminal anise
Is believes that offenders are deserving if rehabilitation
