Section 8.4: Crime And Punishment Flashcards
different theories of punishment
deterrence
protection
retribution
reform
what is the theory of deterrence
this kind of punishment tries to put people off committing crimes and convince an offender not to commit further crimes:
- the punishments are so severe that others do not want to experience them
- they may be done in public so others become scared of them
- they are publicised so people are aware of them
- people will naturally not want to be treated in a humiliating way
what is the theory of protection
this kind of punishment does not try to stop offended before they break the law, but does protect society by imprisoning criminals:
- the punishment removes the offender from society
- it makes the public feel safer, especially from dangerous criminals
- people are aware that the offender is no longer around
- it restricts the offender so they cannot commit further crime
what is the theory of retribution
this kind of punishment does not try to stop offenders before they break the law, but it means that the victim feels that the offender is punished properly:
- the punishments often give something to the victim e.g. money
- the punishment makes the victim feel that the offender has paid for their crime
- the offender may be made to help directly e.g. community work for vandalism
- retribution may be done in public so victims can see justice has been done
what is the theory of reform
this kind of punishment tries to change people so that they do not want to commit crimes in the future
- it educates theme so they realise that breaking the law is not good
- it may train them in jobs that will not lead back to crime
- the offender will not feel resentful at being punished
- it will improve society in general
- rehabilitation of the offender is possible
what percentage of adults reoffend in the UK annually
47%
what percentage of children reoffend within a year after being released from custody
71%
what percentage of prisoners have reported to see violence in the home as a child
41%
what percentage of prisoners had been expelled or permanently excluded from school
42%
what percentage of prisoners claimed to be receiving benefits for unemployment the year before committing a crime
64%
what percentage of offenders admitting to using drugs in the time before being taking into custody
71% that year
64% that week
arguments for deterrence
- Plato believes there is no such thing as a good person, reinforced by the Ring Of Gyges (Lydia), he believes if we didn’t live in fear of consequences we would commit wrong doings –> given the opportunity of no consequence we would commit wrong (i.e. London loots)
arguments against deterrence
- we have evolved to function with the trust of other people and to rely on the kindness of others (Richard Dawkins)
- in desperation nothing is feared and deterrence is irrelevant
- deterrence won’t work in impoverished countries with higher crime rates
Determinist: - free will is an illusion
- many factors prevent our choices and decision either genetically or environmentally
- deterrence may not work for a determinist –> excuse?
ie Clarence Darrow
arguments against retribution
- balancing out the crime and measuring it is very hard
- Lex Tulioms –> oldest law (eye for an eye and a tooth for a tooth)
- hard to choose the correct punishment for the crime
- moral relativism (values and culture change with people/country) also different values for generations
arguments against reform/rehabilitation
- very little money goes into this method
- criminals released find it hard to be accepted back into society
- modern rehabs introduce therapy including lessons and meetings with their victims
- costly/timely/hard for the victim/hard to break the cycle/sometimes criminals dont believe they are in the wrong
arguments against protection
- justice might not be served
- 17, 700 children separated from their mothers who go to prison
general biblical/church teaching about Justice
- Imago Dei ‘so God created mankind in his own image’ (genesis)
- ’ the time has come when the Lord will save his people’ (Luke 4)
- Christian churches were instigators of the 2000 Jubilee campaign to persuade rich countries’ governments to cancel their debts on poor countries –> unjust to pay up to 80% of their income on interest payments on debts accumulated in 1970s
Jesus’ teachings on justice. Jesus linked Justice with non-violence and forgiveness. Jesus as a role model. jesus taught his followers that they should use love to overcome justice.
- from ‘Jesus and the outcasts of society’: ‘Do not judge others so that God will mo judge you, for God will judge you in the same way as you judge others, and he will apply to you the same rules you apply to others’ (matthew 7)
- ‘An eye for an eye, and a tooth for a tooth. But now I tell you, if anyone slaps you on the right cheek, let him slap your left cheek too’ (matthew 5)
Judgement day in Christianity related to justice. God will judge all humans according to how they have behaved. If they have behaved justly they will be rewarded in Heaven. God will forgive those who are truly sorry for what they have done and want to change.
- the bible teaches Christians that God is just and expects his people to treat each other in the same way
- treating people unjustly is a SIN, and those who do it can expect to pay the price of the day of Judgement
example of Christians and Christian agencies that have worked against injustice: Christian Aid, Cafod, Desmond Tutu, Martin Luther King, Oscar Romero etc
- Christian Aid Prayer –> give thanks to God for all the luxuries in life and ask for a fairer life for those less fortunate
- ’ Blessed are those who hunger and thirst for righteousness’ (matthew 5)
- ‘Anyone who does not what is right is not a child of God’ (john 5)
- support: ‘make poverty history’ and ‘Drop the Debt’
what the Qur’an teaches about Allah wanting people to act fairly towards each other
- one of the 99 names for Allah is ‘Al-‘Adl’ meaning ‘the just’
- ‘those who seek to redress their wrongs incur no guilt. But great is the guilt of those who oppress their fellow men and conduct themselves with wickedness and injustice in the Lord. they shall be sternly punished’ (Qur’an 42:20)
Zakat and Sadaqah - Justice is the basis of charitable giving in Islam
- one of the Five Pillars of Islam is to give Zakah chart. we do this to and end the injustice of poverty
- Zakah requires a Muslim to share 2.5% of their surplus income amongst people less fortunate than themselves. Muslims regard this as a simple justice because it is working towards a more equal society
Shari’ah Law (Law of God) requires justice for all. everyone is equal under Islamic Law
- ensures people are treated with justice and ‘give full measure and weight in justice to those whom have committed a sin’
- put the teachings of the Qur’an into laws
- all Muslims are entitles to equal treatment under Shari’ah Law
- Islamic courts use Shari’ah law to decide on just punishments if the laws of Allah are broken
The day of Judgement in Islam. On the Last Day God will reward those who have been just and fair towards others.
- Those who do not treat other people with justice will be judged accordingly when they go before Allah on the Day of Judgement
Examples of Justness: islamic relief
- as well as responding to disasters and emergencies, Islamic Relief promotes sustainable economic and social development by working with local communities - regardless of race, religion or gender
- they believe in Zakat which creates, love and brotherhood between the rich and the poor, it minimises social tension and bridges the gap between them and it provides social and economic security for the whole society
what does the Archbishop Desmond Tutu believe about justice
‘if you are neutral in situations of injustice, you have chosen the side elf the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality’
Arguments in favour of Capital Punishment: Execution is retribution for taking the life of another and may help the Victim’s family
- people should suffer for their wrongdoings
- The Joanna Yates case –> murderer found –> minimum sentence of 20 years –> family unrested especially when he would come out of jail –> wish he could suffer what they had to suffer –> but illegal in the UK
- justice not served in this case
