Theories Of Punishment Flashcards
What is Utilitarianism?
Is about reformation and the punishment of criminals deterring future wrong-doing.
What is Retributivism?
It approaches the punishment of criminals to be what they inflicted on the victim. Example: A criminal getting the death penalty for murder.
What is Punishment?
Intentionally inflicting harm or deprivations on a person or group of people, by someone who has the legal authority to do so.
R v Dudley and Stephans
May, 1884. Ship sets sail, boat capsizes, youngest member falls into coma, the 4 members of the crew decide to kill and eat the younger and most vulnerable member of the crew.
Difference between Utilitarianism and Retributivism?
Utilitarianism = Reformation (focussed on future) Retributivism = Punishment (focussed on past)
Bentham’s Prison Concept?
A prison design that had all the cells facing the inside and there was a watch tower in then middle and the theory was that the criminals locked up would behave better thinking they were under constant surveillance.
Retributivism, For and Against.
For - We have a moral duty to obey the law
Against - People may break the law but still be behaving morally.
Does Retributivism views focus on the past or future?
Past, thinking imprisonment as a way of “paying ones debt”
Who has the highest imprisonment in Western Europe?
England and Wales (Population of prisons has risen by 77% in the last 30 years however is now going down rapidly)
Why is imprisonment so high in England and Wales?
We overuse prison for petty crimes, 65,000 people were sentenced to prison in 2017 and 71% of them were non-violent crimes.
