topic 4 Flashcards
what are the aims of punishment
Retribution, rehabilitation, deterrence (prevention of reoffending/deterrence of others), public protection, and reparation
what is retribution
Offenders are punished to give society revenge; it is based on the idea of proportionality, where the punishment should fit the crime. Functionalists believe retribution should be public and harsh to affirm society’s values. Right realists also support harsh, retribution-based punishments to keep crime levels low
what is deterrence
Discouraging offenders from criminal behaviour. It is based on rational choice, where punishments outweigh the benefits of the crime. It can be general (convincing the public) or individual (stopping re-offending). Deterrence relies on the severity and certainty of punishment. Right Realism and Social Learning Theory support deterrence
what is rehabilitation
Reforming an offender’s behaviour, focusing on the future. It believes in individual free will and the capacity for change and reintegration into society. Left Realism and Interactionism are linked to rehabilitation
what is public protection
Removing criminals from society to protect the public. This may include restricting the freedoms and rights of criminals. Right Realism supports this aim. Examples include imprisonment, banishment, and curfews
what is reparation
The offender gives something back to those who have been harmed. It aims to compensate the victim or society, focusing on harm rather than crime. It can involve financial compensation or community orders and is linked to restorative justice. Interactionism and Left Realism support reparation
what are the forms of punishment
imprisonment, community sentences, fines, and discharges
what are some of the limitations of retribution
Minimum mandatory sentences might not consider the context, it can lead to disintegrative shaming, views can be outdated and based on revenge, and it is subjective to decide what is a proportionate penalty
What are some limitations of deterrence?
It’s hard to measure its success, the public may be ignorant of penalties, it assumes offenders act rationally, it’s hard to decide how severe a punishment needs to be, and people re-offend despite knowing the consequences
what are some of the limitations to rehabilitation
It can lead to early releases, is expensive, has a low success rate, focuses too much on individual failings, and raises the question of whether offenders deserve support
What are some limitations of public protection?
It is costly, can lead to mass incarceration, assumes the past dictates the future, and does not address the causes of crime
What are some limitations of reparation?
It overstates how much a victim wants to face the offender, it is impossible to give reparations to homicide victims, restorative justice schemes are expensive, and other aims of punishment may provide reparation
What are some examples of how imprisonment meets the aims of punishment?
Retribution: Takes away an individual’s liberty.
Deterrence: The threat of prison can deter crime.
Rehabilitation: Prisons offer programmes and opportunities for reintegration.
Public Protection: Incapacitates offenders.
Reparation: Prisoners can work and pay a percentage of wages to victim support, and restorative justice meetings can be arranged
What are some examples of how imprisonment does NOT meet the aims of punishment?
Retribution: Sentence length and conditions make it difficult to determine if the punishment fits the crime.
Deterrence: High recidivism rates, only works if people are rational-thinking and scared of prison life.
Rehabilitation: High recidivism rates, short sentences, lack of resources, cuts to funding, and privatisation.
Public Protection: Prisons can make prisoners worse, and there are issues such as gangs and radicalisation.
Reparation: Most prisoners do not get the opportunity to make amends due to cost and funding.
What are some examples of how community sentences meet the aims of punishment
Deterrence: Visible punishment, offenders are named and shamed, conditions such as curfews and electronic tags.
Rehabilitation: Offer opportunities for anger management, drug and alcohol rehabilitation, and training.
Public Protection: Offenders are supervised by probation services, and have additional conditions to prevent re-offending.
Reparation: Offenders pay back their debt to society by repairing damage or cleaning graffiti.
What are some examples of how community sentences do NOT meet the aims of punishment?
Retribution: Seen as a soft option.
Deterrence: Seen as soft and easy compared to prison, offenders can still socialise with others who facilitate offending, and there is a significant recidivism rate.
Rehabilitation: A quarter of offenders re-offend within 12 months, suggesting they were not rehabilitated.
Public Protection: Offenders are still among the public and can commit offences at any point.
Reparation: No reparations are provided directly to the victim, and the work may be seen as an arbitrary burden
