Purposes Of Punishment Flashcards
Tha main objectives of punishment
- rehabilitation
- deterrence
- incapacitation
- retribution
- re-integrative shaming
In any decision, a judge may be attempting to balance two or more objectives. E.g. if the judge believes the objectives of deterrence and incapacitation are most appropriate, they may choose to give the offender a prison sentence
What is deterrent
Something that discoursages or is intended to discourage someone from doing something. In the context of sentencing, deterrence relates to passing a higher sentence in the hope that fear of punishment might help prevent future offences.
This includes:
- specific deterrence : punishment against an individual offender aiming to deter them from coming crime in the future
- general deterrence: punishment attempting to make an example of the offender in order to send a message to the rest of the community
What is retribution
Punishment considered to be morally right or deserved because of the nature of the crime. It is the main justification for inflicting punishment on an offender
What is rehabilitation
An objective of sentencing designed to reform the offender so that they do not commit offences in the future. The main aim is to prevent recidivism by helping criminals choose not to return to the same patterns of behaviour or lifestyle
What is incapacitation
Making an offender incapable of committing further offences by restricting their freedom