Theories of Punishment

Question 1

What is the Just Deserts theory?

Answer 1

Punishment is proportionate to harm
Inhibiting future wrongdoing
There are factors: magnitude of harm and extenuating circumstances
Remorse is important too, if there’s no remorse did the perpetrator actually commit the crime? Or did the perpetrator do it and is likely to again?

Question 2

Explain the factors (magnitude and extenuating circumstances) in the Just Desert theory?

Answer 2

Magnitude: type of crime e.g. theft or assault and a degree to which it offends the emotional or moral feelings of citizens

Extenuating circumstances: mitigating or exacerbating circumstances affect the moral outrage felt by citizens e.g. a thief who steals money and lives a luxurious lifestyle based on that is more likely to outrage society.

Question 3

What is the deterrence theory?

Answer 3

Punishment should be sufficient so they don’t repeat the offence
People are deterred from criminal activity as they dislike the possible consequences
Inhibit perpetrating the crime in the first place
e.g. fines, jail time
There are factors: detection and publicity

Question 4

Explain the factors (detection and publicity) in the deterrence theory?

Answer 4

Publicity: when a perpetrator is caught, the consequence of violating the rule should be known, and should be punished publically, potential criminals will learn by example

Deterrence: if a crime isn’t likely to be detected, the consequence should be severe. If the crime is likely to be detected then the punishment shouldn’t be as severe.

Question 5

What is the incapacitation theory?

Answer 5

Second form of utilitarian theory
The goal is to prevent future crime, the easiest way to do this is to incapacitate those who have committed crimes previously. They incapacitate the person so they cannot commit more crimes as they’re restrained

Question 6

What is the difference between the Just Deserts, Deterrence and Incapacitation theory?

Answer 6

Just deserts: punishment is proportional to moral wrongdoing, punishment should fit the crime

Deterrence: Punishment is intended to reduce the likelihood of future offences, and discourages others from committing similar offences

Incapacitation: remove a person from society to prevent them from committing crimes as the crimes can’t be committed in jail

Question 7

What is punishment?

Answer 7

Imposition of a penalty as retribution for an offence

Question 8

What is the difference between punishment and revenge?

Answer 8

Punishment is that a consequence is inflicted based on the crime committed
Revenge is not always to a breach of law, vengeful feelings and it’s not always consistent how we respond to these feelings

Question 9

What were the 7 features of punishments that Walker 1991 came up with?

Answer 9

1. Involves the infliction of something which is assumed to be unwelcome to the recipient
2. Infliction is intentional and done for a reason
3. Those who order it are seen as having the right to do so
4. The occasion of the infliction is an action or omission which infringes law
5. The person punished has played a voluntary party in the infringement (e.g. abuse)
6. The punisher’s reason of punishing is such as to offer a justification of doing so
7. it is the belief or intention of the person who orders something to be done (the judges intent is to punish)

Question 10

How is behaviourism used in punishment?

Answer 10

2 types:
Positive punishment= add something unpleasant
Negative punishment= remove something desirable

Question 11

Why do we punish?

Answer 11

Protect society
Prevent future offending
Rehabilitation
Deterrence
For the victim

Question 12

What is the difference between manslaughter and murder?

Answer 12

Manslaughter: an unlawful act involving the danger of harm that has resulted in death
Murder: intent to kill or cause bodily harm

Question 13

What is the retribution theory?

Answer 13

This punishment is ‘deserved’ (just deserts theory)
The crime committed should be counterbalanced by a proportionate punishment
Punishment isn’t revenge, but in the retribution theory people are revengeful towards the offender
Only the offender should suffer
Punishing is a duty of us all

Question 14

What is the utilitarian theory?

Answer 14

Common good e.g. justice for the victim and victim’s family, protecting society
Punishment is justified by its anticipated future consequences
Reduce the frequency of people committing crimes
Deterring offenders from offending
Putting the offender where they can no longer offend
It’s okay if more than just one offender suffers if it means that wider society will feel safer as a whole

Question 15

What is the humanitarian approach?

Answer 15

Offenders come from disadvantaged backgrounds
Offenders are victims of childhood abuse
Given these backgrounds and histories, forensic psychologists need to work to rehabilitate them so they don’t reoffend in the future

Question 16

What is individual and general deterrence?

Answer 16

Individual: deter convicted offenders from reoffending
General: Sanctions are put in place to deter people, other than the offender, from committing criminal activity

Question 17

How would each strategy punish capital punishment and homicide?

Answer 17

Retribution: Death penalty
Utilitarian: eliminates the dangerous, educates people to think murder is evil and satisfies the outrage
Humanitarian: Sometimes there are flaws in the system (people are punished but didn’t actually commit the crime) and rehabilitation