Punishment Flashcards

1
Q

Who is an offender?

A

Someone who has committed a crime by breaking the law.

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2
Q

Who is a victim?

A

The person who has had a crime or offence committed against them.

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3
Q

What are four aims of punishment?

A

Retribution, deterrence, protection, and reform.

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4
Q

What is retribution?

A

Paying back to the offender the harm they have caused to others.

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5
Q

What is retribution based on?

A

The ancient principle of lex talionis - ‘an eye for an eye, a tooth for tooth.’

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6
Q

What is protection?

A

It removes the offender from society so they can’t cause harm anymore.

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7
Q

What is deterrence?

A

It punishes those who break the law to warn others and stop them doing the same.

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8
Q

What are examples of deterrence?

A

Imprisonment, fines, community service.

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9
Q

What does protection use?

A

Commonly, it uses imprisonment.

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10
Q

What does reform aim to do?

A

Reform aims to make the offender see the error of their ways and change their behaviour.

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11
Q

What does reform often use?

A

Prison, to teach offenders new skills.

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12
Q

What do all punishments rest on?

A

The principle of just deserts, that the offender receives the punishment appropriate to their crime.

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13
Q

How is revenge different from punishment?

A

Revenge is inflicting harm on someone without authority in retaliation (paying back) for something which was considered to be unfair.

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14
Q

Why is retribution based on the idea of fair play?

A

Because it is only fair that if someone breaks the law when everyone else is keeping to it, they should be punished.

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15
Q

What is the problem with retribution?

A

That the punishment might be judged to be as morally bad as the crime itself.

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16
Q

What is the problem with deterrence?

A

Knowing whether a punishment actually does stop others from offending.

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17
Q

What is the problem with protection?

A

That it is not a punishment as retribution and deterrence are; prison might appear to be a soft option for the offender.

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18
Q

What is the problem with reform?

A

That a high number of offenders reoffend.

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19
Q

What is the most common form of punishment?

A

Prison

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20
Q

What is the aim of imprisonment?

A

To protect society and to reform the offender.

21
Q

What does prison provide a means of?

A

Rehabilitation, to adapt to life back in society.

22
Q

Who is ‘prison as rehabilitation’ supported by?

A

Utilitarians and Christian reformers.

23
Q

In 2014-15, what was the reoffending rate among adults released from prison in the UK?

24
Q

In 2014-15, what was the reoffending rate among juveniles released from prison in the UK?

25
What do you need to get the balance right of in prison?
Between reform and retribution.
26
What do many people think about prisons?
That they are too comfortable and that conditions should be harsher to make retribution more effective and to be a greater deterrent to others.
27
What do people argue that is an effective punishment?
Loss of freedom
28
What does the Prison Reform Trust argue?
That prisons should be a last resort and only used for serious offences.
29
What are the downsides of prisons?
That they are overcrowded and don't protect inmates from bad influences; they are 'universities of crime' and make offenders worse not better citizens.
30
What does overcrowded prisons do to inmates?
It depersonalises them and this makes it very hard to fulfil the aim of reform and to prepare offenders for the outside world.
31
What does capital punishment use?
The death penalty to punish offenders.
32
In which countries is it used in?
China, India, Iran, Singapore, USA, etc. (It is no longer used in the UK.)
33
What is capital punishment used for?
Mostly for murder, but can also be used for treason, adultery and selling illegal drugs.
34
What is one of the most famous cases about the use of capital punishment?
That of Nathan Leopold and Richard Loeb in 1924 in the USA.
35
What did Leopold and Loeb do?
Planned and brutally killed 14-year-old Bobby Franks.
36
What did Clarence Darrow, the boy's defence lawyer, argue?
That capital punishment was not appropriate as they were mentally disturbed and not totally responsible for their actions.
37
What happened to Leopold and Loeb?
They were sentenced to imprisonment and not capital punishment.
38
Who does capital punishment help and when?
When extremely bad crimes have been committed, capital punishment helps the family of the victims feel justice has been done.
39
What does the Old Testament state in regards to capital punishment?
'Whoever sheds blood, by humans shall their blood be shed.'
40
Who does capital punishment deter?
Others from committing bad crimes and sends out a message that such as acts will not be tolerated by society.
41
What does capital punishment protect?
Society from dangerous criminals.
42
What does the offender show by accepting capital punishment?
That they are sorry for the crime they have committed.
43
Why do people argue that the 'eye for an eye' aim of punishment wrong?
Because punishing a murderer by killing them is morally contradictory.
44
What does the social background and mental state of the offender often indicates?
That they are not totally in control of their actions - this is called diminished responsibility.
45
What does capital punishment make impossible?
It is irreversible and makes reform and rehabilitation impossible.
46
What is the evidence that capital punishment deters people from committing horrendous crimes?
There is no conclusive evidence.
47
How is prison in comparison to capital punishment?
It is as much a form of protection as capital punishment and far less brutal.
48
Does the state, being far from perfect, have the right to take away a life?
No