Topic 4 Flashcards
retribution
is the idea that we make sure that criminals get what criminal get what they deserve for the actions they have committed
Retribution main principles
- revenge
- proportionality
- justice
- a public display of moral outrage
- setting an example
- compensation
Retribution types of crime
war crime
terrorism
state crime
murder
Retribution types of punishment
prison
solidarity confident
capital punishment
Retribution limitations
- min- max sentence cannot consider the context
- a sense of justice is subjective
- outdated view of punishment based on revenge
- disintegrative shaming - making it harder for some to reintegrate into society
Retribution theory
Functionalism
punishment should be public and harsh
deterrence
the idea that we make sure criminals never commit crimes in the first place or stop reoffending because they are too fearful
deterrence types of punishment
prison
fines
a criminal record
deterrence Limitation
- recidivism rates are high - 2017 uk stats ( gov.uk) showed a recidivism rate 29% for all sentences
- juvenile recidivism rates are 39% - 63% people who have less that 12 months reoffendeing
- assume rational choice
- doesn’t change people sense of morality
deterrence theory
social learning theory
bandura
- vicious reinforcement skinner spoke of operative conditioning people being punished want recreate
incapacitation
idea that we restrict a criminal capacity to commit crime , limit there movement
incapacitation main principles
- protecting the public
- restirction of freedom
- liberty and angenct
- removal of rights
- instrumental rational thinking
incapacitation types of crime
Murder
sexual crimes
assault
any repetitive offence
incapacitation types of punishment
prison
community sentences
electronic tag
house arrest
Incapacitation limitations
- it cost £40,00 to keep someone in prison a year, currently population in £80,000 in prisons
- cost the government between £2.5- 4 billion to keep prison going
- assume past action - your future no capity of change
- does not address the cause of crime
incapcitation theory
right realism
if we simpliy take the opportuines of an individuals to commit a crime they wont commit crime
Rehabilitation
make sure that criminals are reformed by their punishment so that they change their ways. fouces on the future.
Rehabilitation main principles
- free will and change
- compassion and empathy
- understanding of structural reasons for crime
rehabilitations types of examples
- rehabilitation programmes - anger management courses, drug orders treatment , food cources, family unit- community senences
- restorative justice
rehabilitation types of offences
- drug offences
- assult
- theft and robbery
- fraud
rehabilitation limitations
- recidivism rates are high - 2017 UK stats ( gov.uk) showed a recidivism rate 29% for all sentences
- juvenile recidivism rates are 39% - 63% for people who have less that 12 months reoffending
- can lead to early realise of offenders who committed very serious crimes - too compasonate
- expensive - take a lot of resources to do so
rehabilitation theory
skinner operant conditoning
left realism - through learning about the structural causes of crime we more easily relate to offender and learn how to rehabilitate them
reparation
idea that punishment should be based around the offender fiving some form of compensation to the victim/ society
reparation types of examples
- community service
- resotive justice
reparation types of crimes
assult drug offences property crime vandismlism murder state crime
Reparation limitations
- overstates how much the victim would want to face the offender
- impossible tp give preparation to murder victims
- Restorative justice is an expensive practice– and only works with competent and skilled professionals working with both the victims and offenders.
Reparation theory
Functionalism: if crime serves a function, then the ability to restore things to the way there were is necessary after we have reinforced society’s morals and boundaries.
community retribution
retribution
- visible out in the open ‘not hidden’ away
- have to wear a high vis vest
- take away elements of freedom - made to do unpiad work
community dettrences
- expected to do 30-400 hours of unpaid work
Community rehabilitation
- opportunity - anger mangement , drug and alcholism programmes , traning for the future jobs
- lower recidvisms rates than imprisonment - 34%
- 50 convictions are 33% more likey to reoffend if they go to prison instead of community sentence
- not involved in the university of crime
- 8% offenders got community sentences in 2017
community reparation
- offenders have to pay back to society not through money/ repair similar damage
- reparation to the community effected
financial retrubtion
- hits people where it hurts
- paying a fine Is often quite stressful/ makes a person suffer
financial detterance
- aware of maximum charge for committing a crime may no longer commit a crime
- hit people where they most care
- major warning for people as the next offence is often more serious
financial reparation
- fines are not the same as financial compensation ( victims can apply for compensation separately)
- fines are preparation for society they go back into the criminal justice system ( why should taxpayers have t pay for the whole system)
- flawed - often don’t get paid the criminal justice system can not chase them up in 2016, £747 million unpaid fines
Detterance main principle
- fear of servity and uncertainty
- prevention of crime
- setting an example
- rational choice
Reparation main principle
- Justice
- Victims of crime deserve compensation
- Offenders can be reintegrated into society
- Crime is harmful to individuals and the wider society
- Society deserves compensation for reintegration
