theories of punishment - ADV MODS Flashcards
possible essay titles
“rehabilitation is more beneficial to society than punishment” discuss
“the best response to criminal behaviour is to be tough” discuss
“punishment can only be justified if it deters further crimes” discuss
“the best response to crime is to be tough” discuss
paragraph 1: focus on rehabilitative approach
point
there is a lot of disagreement in society about the best response to crime and what works-
evidence shows that when punishment is focussed on helping the offender it is most successful.
paragraph 1: focus on rehabilitative approach
explain
there is disagreement often over what effective rehabilitation looks like-
in the past there was emphasis on medical rehabilitation with a focus on the role of psychologists etc.
however, the most effective systems take a therapeutic rehabilitation approach which is more about re-equipping offenders for when they rejoin society.
paragraph 1: focus on rehabilitative approach
example
this effective approach is somewhat evident in the uk, especially in England, where a prisoners work placement programme has cut reoffending rates by 95% amongst prisoners that experience this approach.
now being introduced more to Scotland.
paragraph 1: focus on rehabilitative approach
international comparison
some state prisons in the usa, such as Oregon state correctional institution has also focussed on re-equipping offenders
by training inmates to build computers from scratch.
- a skill that could make them very employable when they leave prison.
paragraph 1: focus on rehabilitative approach
analysis
both show that by helping up-skill offenders, this could lesson the economic impact of punishment
and could result in less offending moving forwards as a lot of offences recorded in both countries are committed by people who have already been through the justice system.
paragraph 1: focus on rehabilitative approach
evaluation
although the evidence shows that the rehabilitative approach does work -
there are many groups that need to experience a more consistent approach to this form of punishment
evidence of gender stereotyping still taking place in prisons -
women being offered more hair/beauty vocational courses
more focus on female offenders is required.
paragraph 1: focus on rehabilitative approach
line of argument
while there are improvements to be made-
it is clear that adopting a more rehabilitative approach is the most beneficial.
Paragraph 2: focus on retributivism
point
undoubtedly being supportive and proportional is much more effective when punishing offenders,
but there are many in the uk who feel punishment must be tough to be effective.
Paragraph 2: focus on retributivism
explain
linked to Hobbes’ theory about the social contract,
some believe that those who have broken the law have broken this social contract and therefore must be punished in the strongest way possible, in order to prevent crimes of others and reoffending.
if punishment is not tough then how can we expect the rest of society to continue to follow the rules?
Paragraph 2: focus on retributivism
example
this is the viewpoint that is arguably adopted by many in the uk-
with around 80% of victims, police and the general public agreeing that sentencing needs to be tougher, according to a recent poll.
Paragraph 2: focus on retributivism
international comparison
a tougher approach is evident in the usa where the death penalty is used in a number of states,
this is arguably the toughest response to crime, however crime rates in the usa remain high.
Paragraph 2: focus on retributivism
analysis
it is clear in the uk there is a sense amongst the public that being tough is needed when punishing,
however the example of the usa shows that being tough does not ultimately mean an effective punishment.
Paragraph 2: focus on retributivism
evaluation
an alternative approach to this could be denunciation,
which combines tough punishment but is also more focussed on being proportional
- there is a lack of international evidence of this in practice.
Paragraph 2: focus on retributivism
line of argument
while many in the uk may believe being tough is the best response-
the evidence internationally proves this is not the case and being supportive is more important.
Paragraph 3: focus on deterrence
point
being supportive and proportional is clearly the most effective response but punishment must also deter.
Paragraph 3: focus on deterrence
explain
Hobbes stresses that we have entered into a social contract and therefore have agreed to allow the state to punish us when the law is broken,
yet Beccaria adds to this that punishment will only be effective in deterring when it is proportional.
this approach is somewhat evident and effective in Scotland.
Paragraph 3: focus on deterrence
example
Scotlands fine system works on proportionality in that there are various levels of fines and therefore the fine will be determined by the crime,
for example a level 1 fine will start from £200 whilst a level 5 fine starts upwards from £5,000.
Paragraph 3: focus on deterrence
international comparison
Iran takes a very different approach in its efforts to deter crime,
with the use of caning, however Iran has a murder rate 3 times the uk’s.
Paragraph 3: focus on deterrence
analysis
shows that there is different approaches to deterrence and
Scotland has a system much more focused on proportional punishment than Iran,
which could explain its lower crime rate.
Paragraph 3: focus on deterrence
evaluation
clearly, this shows that where disproportionate punishment is used, crime does not lower.
arguably this tough approach to punishment in Iran is not working, and therefore it is important that punishment is always proportionate.
Paragraph 3: focus on deterrence
line of argument
in order for punishment to work to help reduce crime, it must be proportionate and supportive.
Paragraph 4: focus on incapacitation
point
it has been shown that just adopting a tough approach is not the answer and that punishment must be supportive and proportional to be effective.
some however, focus on punishment’s ability to incapacitate.
Paragraph 4: focus on incapacitation
explain
for a long time in the uk there has been the stance that prison is the tough approach that incapacitate’s the offender.
this is no longer evident in the prison system, where crimes are likely to still occur both within prison and the wider society.
also, the vast cost of prison means money is being diverted away from key areas that might help tackle the root cause and help rehabilitate offenders.
