Theories of Punishment Flashcards
Introduction
There are many approaches to responding to crime. This may include custodial (prison) sentences and non-custodial sentences. Some approaches are more focused on preventing future crimes from being committed, others are focused on delivering justice and punishing offenders for their crimes, others focus on reducing reoffending, and some methods are a combination.
Deterrence - POINT/EXPAND
One response to crime is deterrence. Deterrence is a method of preventing crimes before they are committed. There are two forms of deterrence - individual and general. General deterrence aims to impose punishment so as to discourage other potential offenders from committing such crimes. Individual deterrence, however, aims to prevent those who have already committed crimes from reoffending.
Deterrence - EXAMPLE
For example, in the early 1980s, Home Secretary William Whitelaw announced in a speech to the 1983 party conference the introduction of a new juvenile detention centre regime which would provide a ‘short, sharp shock’ to those on the receiving end which would consequently be more effective in preventing future offending.
Deterrence - COMPARISON
The USA has also used deterrence schemes. For example, its use of ‘three strikes and you’re out’ sentences in the 80s and 90s. The extent of the punishment increases with the number of previous convictions, with a cut off - usually three - which triggers an exemplary sentence.
In some respects, deterrence is a good way to approach criminal behaviour. It can be morally justified as it aims to lower reoffending rates by discouraging people from committing crimes.
Deterrence - ANALYSIS
The police, in particular, is very effective when it comes to deterring crime. Police patrolling the streets makes clear that any individual caught committing an offence will be punished. The sight of police officers with guns, handcuffs etc. is effective at scaring people from committing crimes.
However, this approach is also limited in its effectiveness. Deterrence doesn’t get to the root of the problem. People in areas of poverty, for example, are more likely to be influenced by gang violence etc. and be influenced to commit crimes. Those with substance dependencies will not be deterred from using these substances, so this method will not be effective for all types of crime. Also, laws and policies designed to deter crime by focusing mainly on increasing the severity of punishment are ineffective partly because criminals know little about the sanctions for specific crimes. More severe punishments do not subdue individuals convicted of crimes and prisons may worsen recidivism.
Deterrence - EVALUATION
Overall, there is not a huge amount of evidence to show that deterrence is effective. Since by its very nature it is meant to prevent crime, it is very hard to tell whether it is working as one cannot confirm the number of crimes that would have been committed were these measures not in place. Additionally, this method does not actually tackle the root of the problem and the causes of crime and recidivism.
Rehabilitation - POINT/EXPAND
A second method of responding to crime is rehabilitation. This involves helping criminals to realise their wrongdoing and allowing them to reintegrate into society and prevent them from committing future crimes.
Rehabilitation - EXAMPLE
This method has been used internationally. One example of this in the United Kingdom would be the use of ‘care orders’ in juvenile courts during the 70s in particular. These were designed to allow social workers to intervene in response to a young person’s particular welfare needs. They can also increase any subsequent punishment.
Rehabilitation - COMPARISON
Norwegian prisons heavily use rehabilitation schemes. These prisons are as close to normal life as possible for inmates so that upon release they can reintegrate into society more smoothly. Their aim is to turn prisoners into “good neighbours”. This is achieved by granting access to a kitchen space, shared living area and giving inmates responsibilities, to ensure they have developed social and self-sustaining skills.
Rehabilitation - ANALYSIS
Rehabilitation has many benefits. Firstly, rehabilitation is oftentimes a cheaper method than alternatives, and generally speaking, is more effective also. Additionally, it allows prisoners to become functioning members of society, which will likely prevent them from committing future offences, giving this method a preventative effect. This can help to tackle the cycle of crime, which will also be cheaper to deal with in the long term.
However, this method has also been criticised. Its primary disadvantage is that there is no emphasis on justice for victims and their families. If a criminal is treated so close to normal life, some believe they are not being punished fairly for their crimes. The public could lose faith in the justice system if they feel as though criminals are not being punished properly. As well as this, this method has quite the opposite effect as deterrence, as criminals will not fear committing an offence if they will receive such a light punishment. Rehabilitation is often criticised for holding an overly determined view of behaviour, placing too much emphasis on social and cultural conditions, and too little on the ability of individuals to make decisions and choices.
Rehabilitation - EVALUATION
Overall, this is a very modern approach to responding to crime. It focuses on tackling the root of crime and helping offenders to ‘get on the straight and narrow’ as it were. By providing programmes such as drug rehab, it allows offenders the help they need to move on with their lives. This is one of the few methods that actively looks at preventing recidivism, as opposed to simply punishing criminals for their offences.
Incapacitation - POINT/EXPAND
A third response to crime is incapacitation. This method makes criminals physically incapable of committing a crime of that nature again in the future, whether by physically altering their bodies or by altering their living conditions to prevent them from committing crimes.
Incapacitation - EXAMPLE
The most relevant example of this in the UK is electronic tagging. Some criminals are given electronic tags which allow them to live out of prison and have jobs etc while still being monitored at all times. This ensures that criminals are not in any areas which they are not allowed to be, makes sure they are attending appointments etc and abiding by their curfew. This means they are under very strict supervision and unable to commit any crimes.
Incapacitation - COMPARISON
A more severe example of incapacitation is from Poland. In November of 2009, in response to several high-profile sex offences committed against children, Polish President Lech Kaczynski signed a law allowing for the compulsory treatment of some sex offenders with antiandrogenic drugs (chemical castration).
Incapacitation - ANALYSIS
Incapacitation is a good method in some ways. It prevents the offender from being able to commit a similar crime in the future, which can help stop the cycle of crime. Incapacitation also acts as a form of deterrence because such a severe and often gruesome punishment will likely make an offence seem not worth committing.
However, the main issue with this response to crime is that many consider it to be in contravention of the Convention of Human Rights. Taking away someone’s freedom of movement or even physically mutilating their body is a huge violation of their rights and there is debate as to whether someone breaking the law gives the state the right to do such a thing. Additionally, since incapacitation tends to target those who habitually commits an offence, there is a problem in the practicality of identifying the ‘persistent’ offender.
