Theories Of Punishment Flashcards
What is revenge?
Revenge consists of vengeful feelings and it is not always the result of a breach of law or code of conduct.
Why should we punish?
To protect society, prevent future offending, rehabilitation, deterrence, the victim?
Who decides the punishment?
It is decided in court by a jury and judge.
What is the difference between manslaughter and murder?
Manslaughter is when a persons conduct is unlawful involving danger or grossly negligent resulting in death. E.g. Drink driving.
Murder is intent to kill or cause gracious bodily harm.
What are the theories of punishment?
Retribution
Utilitarian Theory
Humanitarian approach
What is the Retribution theory of punishment?
It is the idea that a criminal should receive a punishment proportionate to his crime, such as if they murder then they should be killed.
It believes that punishment is deserved by the offender - just desserts.
Punishment is not revenge and only the offender should suffer.
What is punishment?
It is the infliction of a penalty as retribution for an offence
What is the Utilitarian Theory of Punishment?
This is the idea that the punishment is decided by the effect it will have on the offender and everyone else. It wants the punishment to deter people committing that offence. It is about deterrence, public protection and reform.
What is deterrence?
It is what happens when people refrain from the action because they dislike the possible consequences.
What is the Humanitarian Approach?
It is the idea that offenders can come from deprivation and victimisation and in a humane society they are deserving of rehabilitative processes (Crow, 2001)
Describe each theories reaction to capital punishment and homicide?
Retribution - crime is severe so it deserves the death penalty.
Utilitarian Theory - eliminates the dangerous, acts as a general deterrence, educates people to think murder as evil, satisfies the outraged.
Humanitarian Approach - false positives, rehabilitation.
