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CE - Ethics > Punishment > Flashcards

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?

A

23.8%

24
Q

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

A

37.8%

25
Q

What do you need to get the balance right of in prison?

A

Between reform and retribution.

26
Q

What do many people think about prisons?

A

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
Q

What do people argue that is an effective punishment?

A

Loss of freedom

28
Q

What does the Prison Reform Trust argue?

A

That prisons should be a last resort and only used for serious offences.

29
Q

What are the downsides of prisons?

A

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
Q

What does overcrowded prisons do to inmates?

A

It depersonalises them and this makes it very hard to fulfil the aim of reform and to prepare offenders for the outside world.

31
Q

What does capital punishment use?

A

The death penalty to punish offenders.

32
Q

In which countries is it used in?

A

China, India, Iran, Singapore, USA, etc. (It is no longer used in the UK.)

33
Q

What is capital punishment used for?

A

Mostly for murder, but can also be used for treason, adultery and selling illegal drugs.

34
Q

What is one of the most famous cases about the use of capital punishment?

A

That of Nathan Leopold and Richard Loeb in 1924 in the USA.

35
Q

What did Leopold and Loeb do?

A

Planned and brutally killed 14-year-old Bobby Franks.

36
Q

What did Clarence Darrow, the boy’s defence lawyer, argue?

A

That capital punishment was not appropriate as they were mentally disturbed and not totally responsible for their actions.

37
Q

What happened to Leopold and Loeb?

A

They were sentenced to imprisonment and not capital punishment.

38
Q

Who does capital punishment help and when?

A

When extremely bad crimes have been committed, capital punishment helps the family of the victims feel justice has been done.

39
Q

What does the Old Testament state in regards to capital punishment?

A

‘Whoever sheds blood, by humans shall their blood be shed.’

40
Q

Who does capital punishment deter?

A

Others from committing bad crimes and sends out a message that such as acts will not be tolerated by society.

41
Q

What does capital punishment protect?

A

Society from dangerous criminals.

42
Q

What does the offender show by accepting capital punishment?

A

That they are sorry for the crime they have committed.

43
Q

Why do people argue that the ‘eye for an eye’ aim of punishment wrong?

A

Because punishing a murderer by killing them is morally contradictory.

44
Q

What does the social background and mental state of the offender often indicates?

A

That they are not totally in control of their actions - this is called diminished responsibility.

45
Q

What does capital punishment make impossible?

A

It is irreversible and makes reform and rehabilitation impossible.

46
Q

What is the evidence that capital punishment deters people from committing horrendous crimes?

A

There is no conclusive evidence.

47
Q

How is prison in comparison to capital punishment?

A

It is as much a form of protection as capital punishment and far less brutal.

48
Q

Does the state, being far from perfect, have the right to take away a life?

A

No

CE - Ethics (3 decks)

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