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Higher RMPS > Purposes Of Punishment > Flashcards

Purposes Of Punishment Flashcards

1
Q

What is the first Purpose of Punishment?

A
  • Protection
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2
Q

What is the purpose of Protection?

A
  • This protects society as the offender cannot reoffend, and as these people are a danger to us, it protects us from that by locking them up in a prison.
  • This can also protect the offender e.g sexual offenders may need protection from themselves.
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3
Q

What is a sentence which is essential in an essay for Protection?

A
  • Protection is taking away one’s ability to commit another crime so that everyone is safer.
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4
Q

What are the strengths of Protection?

A
  • Protects society by imprisoning criminals and makes the public feel safer (leads to trust in justice system).
  • Restricts the offender so they cannot commit future offences, this could potentially help their addictions as they can’t get access to drugs + less likely repeat crime.
  • It looks after the victim- emphasis on society and not offender.
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5
Q

What are the weaknesses of Protection?

A
  • Doesn’t stop offenders before breaking the law.
  • Only works when criminals are imprisoned and free to commit crimes when release.
  • Criminals may be angry and want to get back at society when released.
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6
Q

What are the weaknesses of Protection? (2)

A
  • Doesn’t solve root cause of crime.
  • Criminals can get more dangerous when they’re released as they learn new tricks.
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7
Q

What are the moral implications of Protection?

A
  • Society has a duty to protect weak and vulnerable, but we have failed in doing that as the criminals are seen as this. They may have poor mental health, ACES, addiction, and we need to solve the root of these things instead of just locking criminals up.
  • As well as this, its impossible to know when to release a criminal, thus ending the protection.
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8
Q

What is the Christian Response to Protection?

A
  • A key Christian principle is love, and protecting the weak and vulnerable.
  • They would support Protection as a purpose of punishment.
  • Can extend to criminal themselves as they are they are the the victim of the root cause of crime.
  • Jesus associated with societies outcasts, and helped them turn their lives around so we should do the same.
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9
Q

What are some quotes to use for Protection?

A
  • “Put away the evil one from among yourselves” Corinthians 5:13
  • “Treat others the same way you would want to be treated” Luke 6:31
  • “When you invite a banquet, invite the poor, the crippled the lame, the blind” Luke 14:13
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10
Q

What is the Humanist Response to Protection?

A
  • Humanists say it’s important to use logic and evidence to see if protection is effective.
  • Locking away dangerous murders with a high reoffending rate is sensible.
  • However, they’re more likely to commit further crimes once they’re released.
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11
Q

What is the second purpose of punishment?

A
  • Detterence
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12
Q

What is the consequence and duty of Deterrence?

A
  • It makes an example of the offender, puts other people off and draws a line for acceptable behaviour.
  • Law-makers have a duty to deter people from crime, court have a duty to reduce crime with punishments which deter
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13
Q

What is the rights and authority of Deterrence?

A
  • It deters criminals from infringing our rights to property as well as freedom from discrimination and life.
  • Sets an example of how the state/God wants us to behave, an gives a public statement of expectations for us.
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14
Q

What is Deterrence?

A
  • Aim is to intimidate people into obeying laws by seeking an unpleasant example for people of what could happen otherwise.
  • Authorities hope people will think of harsh consequences and think again wether they should commit the crime.
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15
Q

What are the strengths of Deterrence?

A
  • Crime will fall as a result of strong punishment.
  • Criminals are dettered from repeating.
  • It will prevent others from committing crimes.
  • Others will learn from mistakes and it prevents crime beforehand rather than after it has been committed.
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16
Q

What are the weaknesses of Deterrence?

A
  • Cannot measure success of deterrence, how can we prove that this is the cause of people not committing a crime?
  • Most criminals thin they won’t get caught.
  • Could turn society into cold, hard-hearted people, “they got what they deserved.”
  • People used as examples, not a consistent punishment.
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17
Q

What are the Moral Implications of Deterrence?

A
  • Crimes are committed for different reasons and we need to look at the root cause of crime instead of giving people harsh punishments.
  • Can be morally unjust a punishment goes far beyond what it should be.
18
Q

What is the Christian Response to Deterrence?

A
  • Would not support use of deterrence as it punishes people harsher than need be, therefore breaking the key principle of treating people you’d want to be treated.
  • Usually morally unjust as there is a limit to the extent a punishment can reach.
  • “an eye for an eye:” shows that Christians can punish, but there is a limit of the severity of it.
19
Q

What is the Humanist Response to Deterrence?

A
  • Humanists can see the value of deterrence as people would learn not to do it.
  • However, it has to be balanced, you can’t punish someone too harshly just so its a deterrent. there isn’t a value in this.
  • All punishments need to be fair and related to the crime, as there is a lack of evidence to say it works.
20
Q

What is the third purpose of punishment?

A
  • Retribution
21
Q

What is the consequence and duty of Retribution?

A
  • The few suffer so the majority benefit, may not commit crime again, victim feels justice is done.
  • Suffering can help people learn and can be a deterrent. Can set an example of what to expect.
22
Q

What is the rights and authority of Retribution?

A
  • Upholds the right to property, freedom, discrimination and life. Payback time for those who ignore.
  • State has to ensure justice is done religions have God using retribution as means of reform.
23
Q

What is Retribution?

A
  • Punishment inflicted on someone as vengeance for a wrong or criminal act.
  • Seen as ‘getting even’.
  • In the past, retribution was killing someone who did murder and taken eyes out of someone who blinded another, now it is making criminals suffer.
24
Q

Who is Immanuel Kant?

A
  • He believed that punishment was a matter of justice, it must be carried out by the stat for the sake if the law, not for the sake of the criminal or victim.
  • If the guilty are not punished, the justice isn’t done.
  • If justice isn’t done, the law itself is undermined.
25
Q

What are the strengths of Retribution?

A
  • Victims get a sense of justice
  • Incorporates an element of deterrence, as they won’t want to be punished again as well as the idea of ‘the balance has been restored’.
  • If we allow people to get away with things, we lose sense with what’s right + wrong.
26
Q

What are the weaknesses of Retribution?

A
  • It is a cruel and bargain system on the criminal and their family.
  • When does the cycle off revenge end? Where is it morally right and wrong?
  • Families stuck with stigma of being associated with a criminal.
27
Q

What are the moral implications of Retribution?

A
  • Do two wrongs make anything right? e.g teaching violence is wrong, then hitting them.
  • Shows a lack of compassion from society and ignores the causes of crimes and the context behind them.
  • Does retaliating make you bad as them?
28
Q

What is the Christian Response to Retribution?

A
  • Christians don’t support as they believe forgiveness is more important than revenge.
  • Applying love to others makes society civilised and caring.
  • Also believe state have a duty to ensure justice is done for victims.
  • By retaliating, we are as bad as them.
29
Q

What is a quote we can use for the Christian Response to Retribution?

A
  • “If anyone slaps you on the right cheek, let him slap you on the left cheek too.” Matthew 5:38-39
30
Q

What is the Humanist Response towards Retribution?

A
  • Would support if there was evidence to say it is the best way to reduce/get rid of crime.
  • However they understands humans are complex and that nobody can be treated the same way - looking at the causes of crime.
31
Q

What is the consequence and duty of Reformation?

A
  • Offender gets a second chance, curing the cause, removing the crime overall = less crime.
  • Duty to help those in need, the cause of the problem and to care for everyone
32
Q

What are the rights and authority of Reformation?

A
  • Right to proper health + social care, be related to humanely and right to good life is all upheld.
  • God demands justice and reformation, the state has reformation as an aim for prison - state can protect + reform.
33
Q

What is Reformation?

A
  • Reformation provides criminals with an opportunity for a second chance, e. Better education, therapy, rehab.
  • We want to make criminals learn from their mistakes, and go onto live better lives.
  • They can understand the harm they’ve caused an pay back for it within the community.
34
Q

Why should we reform?

A
  • Criminals need help as they are the victims of their situation.
  • Should be forgiven to an extent.
  • Should be treated as human beings and fairly, therefore helping them become responsible members of society, becoming better people.
35
Q

What are the strengths of reformation?

A
  • Criminal reformed, society gains better citizens, it helps instead of taking away their lives.
  • Criminals can turn their lives around, giving them the help they need.
  • Most won’t reoffend, creating a better society and decreasing prison population, saving money to invest money elsewhere.
36
Q

What are the weaknesses of Reformation?

A
  • Emphasis on reforming criminal and not helping the victim.
  • Not seen as a punishment.
  • Are people able to reform, or will they just struggle?
  • Goes against what a punishment is supposed to be, society disapproves of it as criminals can pretend to be reformed and do it again.
37
Q

What are the moral implications of Reformation?

A
  • If it doesn’t work, it doesn’t reform and you become out worse than you were before - therefore society is not protected.
  • It costs billions and if it doesn’t work, it wastes money and takes resources away from others.
38
Q

What is the Christian Response to Reformation?

A
  • Support as Reformation is a key principle, everyone is made in God’s image and everyone can be forgiven.
  • Bible records conversion of bad criminals, so if we help them change, they can do it, giving them a second chance.
  • They believe the ‘new you’ can use this experience to help others.
39
Q

What are some quotes we can use for the Christian response to Reformation?

A
  • “Father forgive them, for they do not know what they are doing” Luke 22:34
  • “Forgive our sins, as we forgive those who sin against us.” The Lords Prayer
40
Q

What is the Humanist Response towards Reformation?

A
  • Would support and argue that it’s the most important purpose of punishment.
  • Criminals: victim of their circumstances. We can give them a better chance if we eliminate the causes of crime and allow them to be a better person.
  • However, they have to change and the change has to benefit others, otherwise there isn’t a point.

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