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Criminology Unit 4 > LO2 - AC 2.2 > Flashcards

LO2 - AC 2.2 Flashcards

1
Q

What is the Definition of retribution ?

A

An expression of society’s outrage at crime

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2
Q

What is the key idea of retribution ?

A
  • Offenders should get their just desserts
  • Offenders should suffer for breaching the moral code of society
  • The punishments given to offenders should fit the crime e.g. “life for a life”
  • Leading to a tariff system, different penalties for different punishments
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3
Q

What is the purpose of retribution ?

A
  • May deter offenders but not main aim
  • It’s purpose is for society to express its moral outrage
  • Punishment is morally good, regardless of whether it changes the offenders future behaviour
  • retribution justifies the punishments for crimes already committed-not a means of preventing future crimes
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4
Q

What are Criticisms of retribution ?

A
  • Can be argued that offenders deserve forgiveness
  • If there is a fixed tariff of penalties, discretion cannot be used
  • There will be disagreement on which crimes are seen as more serious than others
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5
Q

How does right realism link to retribution ?

A
  • Retribution assumes that fenders are rational actors - making the conscious choice to commit a crime
  • Responsible for their actions
  • Punishment is justified because they made an active choice to break a moral code
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6
Q

How does Functionalism link to retribution ?

A
  • The moral outrage expressed through retribution performs the function of boundary maintenance. It reminds people of what is right and wrong
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7
Q

What is the definition of rehabilitation ?

A
  • Making offenders change their behaviour
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8
Q

What are key ideas of rehabilitation ?

A
  • Punishment will help to change offenders so they can go on to have a crime-free life
  • This does not punish past offences but uses a variety of treatment programmes to change the future behaviours of the offenders
  • Also addresses the issues that led to their offending
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9
Q

What are rehabilitation policies ?

A
  • Education and training programmes: improve employability, giving them skills
  • Anger management courses: Offenders will learn to manage their anger
  • Drug treatment and testing orders
  • Support
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10
Q

What are criticisms of rehabilitation ?

A
  • Right Realists: Argue rehabilitation has limited success, reoffending rates are high despite prisoners completing these programmes
  • Marxists: These programmes shift the blame onto the individual offender and their failings. Real cause is capitalism.
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11
Q

How do individualistic theories link to rehabilitation ?

A

They see rehabilitation as the main aim of punishment. Ways of changing behaviour include;
- Cognitive theories: CBT- cognitive behavioural therapy teaches offenders to correct their thinking errors and biases that may have led them into crime.
- Eysenck’s Personality theory: This favours the use of aversion therapy to deter offending behaviour.
- Skinner’s operant learning theory: Supports the use of token economies to encourages offenders in prison to reward more acceptable behaviour.

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12
Q

How does left realism link to rehabilitation ?

A
  • Favours rehabilitation as it may present an opportunity to address the social causes of crime
  • They believe the causes of crime are connected to poverty, unemployment and a lack of education opportunity. If offenders are given skills they’re less likely to reoffend
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13
Q

What is the definition of Deterrence ?

A
  • Discourages future offending
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14
Q

What is the key idea of deterrence ?

A
  • To deter someone from doing something is to put them off doing it
  • The fear of being caught and punished may deter people from committing crime
  • Deterrence can be individual or general
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15
Q

What is the key idea of individual deterrence ?

A
  • This uses punishment to deter an individual from reoffending
  • Punishment may convince the offender that it is not worth repeating the experience
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16
Q

What is the key idea of General Deterrence ?

A
  • Deters society in general from breaking the law
  • Punishment teaches everyone a lesson : if the public see how an offender is punished they will see what they will also suffer if they commit a crime
  • Previously achieved through public execution
  • Today the media will inform us about the costs of offending
17
Q

What is General deterrence severity vs certainly ?

A
  • It is important to distinguish between the severity of punishments and the certainty punishment
  • A severe punishment will only be a successful deterrent where the offenders is likely to be caught
  • A mild punishment may be more effective where the offenders have a greater chance of being caught
18
Q

How does Right Realism link to Deterrence ?

A
  • Rational Choice theory: This see individuals as rational actors who weigh up the costs and benefits of committing a crime. Severe punishments increases costs and so will does will deter
  • Situational crime prevention: Target hardening e.g. locks on doors makes it more difficult for the offender and so they will abandon the target
19
Q

How does social learning theory link to deterrence ?

A
  • This explains general deterrence
  • If a potential offender sees a model being punished for an offence they are less likely to imitate this behaviour
20
Q

What are criticisms of deterrence ?

A
  • Boot Camps in the USA and Short, sharp, shock in Uk were not very successful
  • Prison is not an effective deterrent- around 50% of all prisoners re offended within a year of release
  • Hope do we decide how severe a punishment needs to be to be able to deter the offender
  • It assumes the potential offenders are aware of the risks (not always the case)
  • Ignores that acts can be irrational
21
Q

What is public protection ?

A

It involves protecting the public from offenders

22
Q

What is incapacitation ?

A

It removes the offenders physical capacity/ability to commit more crimes
- execution
- Cutting off hands to prevent stealing
- Chemical Castration
- Foreign Travel bans
- Curfews, Tagging

23
Q

What is imprisonment ?

A
  • This is part of the claim that prison works - it takes offenders out of circulation. This has influenced sentencing laws
24
Q

How has the crime sentences Act 1997 influenced imprisonment

A

Introduced mandatory minimum jail sentences for repeat offenders;
- Automatic life sentence for a second serious sexual or violent offence
- 7 years minimum for a third class A drug trafficking offence
- 3 year minimum for a third domestic burglary conviction

25
Q

How has the criminal justice Act 2003 influenced imprisonment

A
  • Introduced “imprisonment for public protection”, This allowed courts to give intermediate sentence (with no fixed release date) to dangerous offenders who is convicted of certain serious violent or sexual offences
26
Q

How Does Lombrosos theory link to Public Protection ?

A
  • Lombroso argues that criminals are physically different to the rest of us
  • HE supported detaining criminals rather than trying to rehabilitate them
27
Q

How does Right Realism link to Public Protection ?

A
  • Small number of persistent offenders are responsible for the majority of crimes and s long prison sentences would incapacitate them and protect the public
28
Q

What are criticisms of Public protection ?

A

-Incapacitation leads to longer sentences and long-term warehousing of offenders with little hope of release, increasing prison populations and costs that go with it
- This is a containment of risk-management strategy, does not deal with the causes of crime
- The three strikes idea punish people for past mistakes

29
Q

What is reparation ?

A

This makes good, the harm caused by crime;
- Involves the offenders making amends fir the wrong they have done
- this can be material or social
- The victim may be an individual, society as whole or both

30
Q

What are examples of Reparation ?

A
  • Financial compensation: Given to the victims paying for costs to repair damaged property, courts ca impose compensation
  • Unpaid Work: Reparation to society e.g. Community payback - removing graffiti
  • Restorative Justice: This makes amends for social damage done
    . The offenders has to recognise the impact of their actions by facing their victims alongside a mediator
    . Allows victims a voice and means seeking closure in explaining the impact the crime has had on them
    . Offenders are able to express their remorse and seek forgiveness
31
Q

How does labelling theory link to reparation ?

A
  • This allows offenders to show remorse it also allows reintegration and prevents them being pushed into secondary deviance
32
Q

How foes functionalism link to Reparation ?

A
  • The ability to restore things to the way they were before the crime is essential for complex modern societies to function well
33
Q

What are criticisms of Reparation ?

A
  • This may not work for all types of offences/offenders best for mint offences or property offences. Harder to see this working for the families of murder victims or victims of sex offences
  • Some regard this as being too soft on the offender

Criminology Unit 4 (6 decks)

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