Topic 4: 5 Aims of Punishment Flashcards
What are the 5 main aims of punishment under The Criminal Justice Act 2003?
Retribution Deterrence Rehabilitation Incapacitation Reparation
Summarise the 5 main aims of punishment in relation to crime
Retribution- offenders are punished, to give us our revenge.
Deterrence- this is used to discourage criminal behaviour in the first place.
Rehabilitation- this is an attempt to reform offenders behaviour.
Incapacitation- punishment removes offenders from society to protect the public.
Reparation- offenders should give back to victims or society, to repay harm done.
Define Retribution
Retribution is the idea that we make sure that criminals get what they deserve for the actions they have committed.
6 key principles of retribution
Revenge Justice Proportionality Compensation Setting an example A public display of moral outrage
Give 2 examples of crime that would use retribution as an aim of punishment
State crime e.g. genocide
Terrorism
Give 2 examples of punishment that try to fulfil retribution
Prison
Capital punishment
3 limitations of retribution
Outdated- fixates on revenge and not compassion, and it doesn’t focus on the long term impact on society and offenders.
Contributes to wrongful convictions- the idea of ‘throwing the book at someone’ means we do not focus on making the process fair and unbiased.
Mandatory minimum sentencing- fails to take into account the context surrounding an offence, e.g. events leading up to offence.
Retribution- link to theory
Functionalism- think that punishments should be public and harsh to help affirm society’s values and get justice for society when a crime has been committed.
Define deterrence
Deterrence is the idea that we make sure that criminals never commit crime in the first place, or stop re-offending, because they are too fearful of the consequences.
4 key principles of deterrence
Rational choice
Crime prevention
Setting an example
Fear of severity and certainty
Give 2 examples of crime that would use deterrence as an aim of punishment
Theft/robbery
Drug possession/selling
Give 2 examples of punishment that try to fulfil retribution
Custodial sentences
Penalties/fines
3 limitations of deterrence
Recidivism rates are high- a 29% recidivism rate for all sentences, with juvenile even higher at 39%.
Doesn’t change people’s sense of morality- if they inherently believe that criminal behaviour is justified, they won’t be prevented.
Assumes that individuals are making a rational choice- to commit crime- doesn’t consider that some crimes are emotionally driven.
Deterrence- link to theory
Right realism- the belief that people make a rational choice to commit crime, therefore by making the punishment outweigh reward, people won’t commit crime.
Define rehabilitation
The idea that we make sure that criminals are reformed by their punishment so that they change their ways and simply do not want to commit crime anymore.
3 key principles of rehabilitation
Free-will and change
Compassion and empathy
Understanding of structural reasons for crime
Give 2 examples of crime that would use rehabilitation as an aim of punishment
Drug offences
Assault
Give 2 examples of punishment that try to fulfil rehabilitation
Educational and vocational programmes
Counselling
3 limitations of rehabilitation
Expensive- requires a lot of specialist input and time to be effective.
Recidivism rates are high- a 29% recidivism rate for all sentences, with juvenile even higher at 39%.
Too compassionate- can lead to early release of offenders who commit serious crimes.
Rehabilitation- link to theory (2 most relevant)
Skinner’s operant conditioning- by creating positive outcomes for those who offend to choose law-abiding behaviour, we can aim to reduce re-offending.
Left realism- by learning structural causes within society for criminal behaviour, we can better relate to offenders and learn what will help rehabilitate them away from crime.
Define incapacitation
The idea that we literally restrict a criminal’s capacity to commit crimes. When we catch a criminal, we limit their movement, thus stopping them committing crime.
4 key principles of incapacitation
Removal of rights
Protecting the public
Instrumental, rational thinking
Restriction of freedom, liberty and agency
Give 2 examples of crime that would use incapacitation as an aim of punishment
Murder
Sexual offences
Give 2 examples of punishment that try to fulfil incapacitation
Custodial sentences
Imposed curfews
3 limitations of incapacitation
Assumes that the past dictates your future- no capacity for change
Expensive- costs the government somewhere between £2.5- 4 billion a year to keep prisons going, and an average of £30,000 to keep someone in prison for a year
Can lead to privatisation of prisons and mass incarceration
Incapacitation- link to theory
Right realism- links to rational thinking and practical approaches to punishment which fits with the ideas underpinning right realism.
Define reparation
The idea that punishment should be based around the offender giving some form of compensation to the victim or society- making amends/repaying for their actions.
5 key principles of reparation
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
Give 2 examples of crime that would use incapacitation as an aim of punishment
Assault
Drug offences
Give 2 examples of punishment that try to fulfil incapacitation
Community service
Fines
3 limitations of reparation
Overstates how much a victim wants to face an offender- victims of serious crime might not want to, victims of low level crime might not want to invest time and effort into the process.
Impossible to give reparations to certain victims of crime- e.g. homicide victims.
Expensive- restorative justice can be an expensive practice and only works with skilled and competent professionals working with both the offender and victim.
Reparation- link to theory
Functionalism- if crime serves a function, then the ability to restore things to the way they were is necessary after we have reinforced society’s morals and boundaries.
