Punishment Flashcards
What is utilitarism and what are it 3 forms of punishment?
It has a forward thinking of preventing future crime.
The three forms of punishment are deterrent, incapacitation and reform/rehabilitation.
What are Flew’s 5 basic rules in order for something to be considered as punishment?
It must have caused suffering. Used it following the perpetration of the act. Be directed at the offender. Created by members of society. Be inflicted by an authorised body.
What is deterrent?
The threat of punishment will reduce and stop people committing crimes.
Can apply deterrence to individuals or general.
Was seen in Margaret thatchers ‘short, sharp, shock’ regime for youth offenders.
However it doesn’t account for opportunistic crimes, and you cannot truly measure if the deterrent affects the punishment.
What is incapacitation?
The offender is prevented in a physical form. Which is either temporary(driving ban) or permanent (long term imprisonment.
However, the offending behaviour can be related to labelling And the long term imprisonment can be damaging to the person.
What is reform/rehabilitation?
Reform is changing the offender through training and education whereas rehabilitation is resorting the person back to the person they were before they committed the crime.
Generally it attempts to treat personal, social and cultural problems.
What is retributivism and its 3 different forms of punishment?
Backward thinking, punish those that have already committed a crime. And view that they are guilty so deserve their punishment.
The three different forms are, reparation, denunciation and the justice model.
What is reparation?
It is the offender acknowledging the harms that they have done. And give something back into society such as community service or paying a fine.
What is denunciation?
A public demonstration to show a certain form of punishment, I.e. Name and shame.
What is the justice model?
It matches the punishment to the seriousness of the crime.
What are the justifications for punishment?
-it allows those who haven’t committed a crime to stay safe in society.
Provides closure for the victims friends and families
They have a right to punish which is a balance between infliction of suffering and freedom
