Topic 4: 5 Aims of Punishment

Question 1

What are the 5 main aims of punishment under The Criminal Justice Act 2003?

Answer 1

Retribution
Deterrence
Rehabilitation
Incapacitation
Reparation

Question 2

Summarise the 5 main aims of punishment in relation to crime

Answer 2

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.

Question 3

Define Retribution

Answer 3

Retribution is the idea that we make sure that criminals get what they deserve for the actions they have committed.

Question 4

6 key principles of retribution

Answer 4

Revenge
Justice
Proportionality 
Compensation
Setting an example
A public display of moral outrage

Question 5

Give 2 examples of crime that would use retribution as an aim of punishment

Answer 5

State crime e.g. genocide

Terrorism

Question 6

Give 2 examples of punishment that try to fulfil retribution

Answer 6

Prison

Capital punishment

Question 7

3 limitations of retribution

Answer 7

Outdated- fixates on revenge and not compassion, and it doesn’t focus on the long term impact on society and offenders.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.

Question 8

Retribution- link to theory

Answer 8

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.

Question 9

Define deterrence

Answer 9

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.

Question 10

4 key principles of deterrence

Answer 10

Rational choice
Crime prevention
Setting an example
Fear of severity and certainty

Question 11

Give 2 examples of crime that would use deterrence as an aim of punishment

Answer 11

Theft/robbery

Drug possession/selling

Question 12

Give 2 examples of punishment that try to fulfil retribution

Answer 12

Custodial sentences

Penalties/fines

Question 13

3 limitations of deterrence

Answer 13

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.

Question 14

Deterrence- link to theory

Answer 14

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.

Question 15

Define rehabilitation

Answer 15

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.

Question 16

3 key principles of rehabilitation

Answer 16

Free-will and change
Compassion and empathy
Understanding of structural reasons for crime

Question 17

Give 2 examples of crime that would use rehabilitation as an aim of punishment

Answer 17

Drug offences

Assault

Question 18

Give 2 examples of punishment that try to fulfil rehabilitation

Answer 18

Educational and vocational programmes

Counselling

Question 19

3 limitations of rehabilitation

Answer 19

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.

Question 20

Rehabilitation- link to theory (2 most relevant)

Answer 20

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.

Question 21

Define incapacitation

Answer 21

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.

Question 22

4 key principles of incapacitation

Answer 22

Removal of rights
Protecting the public
Instrumental, rational thinking
Restriction of freedom, liberty and agency

Question 23

Give 2 examples of crime that would use incapacitation as an aim of punishment

Answer 23

Murder

Sexual offences

Question 24

Give 2 examples of punishment that try to fulfil incapacitation

Answer 24

Custodial sentences

Imposed curfews

Question 25

3 limitations of incapacitation

Answer 25

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

Question 26

Incapacitation- link to theory

Answer 26

Right realism- links to rational thinking and practical approaches to punishment which fits with the ideas underpinning right realism.

Question 27

Define reparation

Answer 27

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.

Question 28

5 key principles of reparation

Answer 28

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

Question 29

Give 2 examples of crime that would use incapacitation as an aim of punishment

Answer 29

Assault

Drug offences

Question 30

Give 2 examples of punishment that try to fulfil incapacitation

Answer 30

Community service

Fines

Question 31

3 limitations of reparation

Answer 31

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.

Question 32

Reparation- link to theory

Answer 32

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.