Theories of punishment

Question 1

what is punishment?

Answer 1

the infliction or imposition of a penalty as retribution for an offence

punishment not revenge

Question 2

what is revenge, and how does it differ from punishment?

Answer 2

• vengeful feelings
• not necessarily a response to a breach of law or code of conduct

Question 3

Walker 1991 - 7 features of punishment

Answer 3

1) involves infliction of something that is unwelcome to recipient
2) infliction is intentional and done for a reason
3) those who order it are regarded as having the right to do so
4) the occasion for the infliction is an action that infringes a law, rule or custom
5) person punished has played a voluntary party infringement
6) punisher’s reason for punishment is such as to offer a justification for doing so
7) It is the belief or intention of the person who orders something to be done

Question 4

why punish?

Answer 4

• protect society
• prevent future offending
• rehab
• deterrence
• help the victim

Question 5

what is manslaughter?

Answer 5

unlawful act involving danger of some harm, that resulted in death

Question 6

what is murder?

Answer 6

intent to kill or cause grievous bodily harm

Question 7

what is retribution?

Answer 7

idea that harm done to society by offender should be counterbalanced by proportionate punishment

maintains that punishment is a deserved consequence of behaviour

punishing is a duty of us all

only offender should suffer

Question 8

what is the utilitarian theory of punishment?

Answer 8

punishment justified by anticipated future consequences

punishment is for common good

punishment useful because there is a reduction of frequency of crime, deterrence, and putting offender where they can offend no longer

useful for rehabilitation and reduction of offending

it is okay if more than one offender suffers for the greater good

Question 9

public opinion of utilitarian and retributive theories

Answer 9

• 2 of 5 “give offender what they deserve”
• 3 of 5 endorse aims such as deterrence, public protection and reform

however, this can change depending on the specific case

Question 10

what is individual deterrence vs general deterrence

Answer 10

individual = deterring specific individual

general = inhibiting effect of sanctions on the criminal activity of other people

Question 11

what would the different approaches say about the death penalty/homicide?

Answer 11

retribution = crime so severe that it deserves the death penalty

utilitarian = eliminates the danger, acts as deterrence, educates people that murder is evil, satisfies the outraged

humanitarian approach = rehabilitation

Question 11

what is the humanitarian approach?

Answer 11

clear that offenders come from disadvantaged backgrounds

given this deprivation and victimisation, it might be argued that offenders are deserving of rehabilitation

Question 12

what is the just deserts theory?

Answer 12

• punishment should be fair, and that severity of crime should relate to severity of punishment
• retrospective rather than prospective
• punisher doesn’t need to be concerned with future outcomes, only providing punishment to the given harm
• decided by magnitude of harm and extenuating circumstances

Question 13

what is the deterrence theory?

Answer 13

• offender’s punishment should be just sufficient to prevent future instances of the offense.

Question 14

what is incapacitation theory?

Answer 14

aims to make it impossible for a person who has offended before to offend again