TOPIC 4 - PUNISHMENT IN SOCIETY

Question 1

What is retribution?

Answer 1

the idea that we get criminals the punishment they deserve for the crime they committed

Question 2

Retribution: CORE knowledge

Answer 2

• retribution is about revenge for both victim and wider society
• the idea offenders deserve to be punished and justice is served
• knowing the offender had been punished appropriately gives the victim closure
• retribution should also be a public display of our moral outrage, to set an example and reinforce social boundaries

Question 3

Retribution: EXPANDED knowledge

Answer 3

• the idea of retribution works on the idea of proportionality - punishment must fit the crime
• it is seen as unfair if someone gets a too lenient or too harsh sentence
• practically applied in the criminal justice system through sentencing council sanctioned tariffs

Question 4

An example of punishment based on retribution:

Answer 4

• death penalty
• operates on the concept of an eye for eye
• if a person murders someone, they are in turn murdered by the state as a direct consequence
• this is banned in many countries

Question 5

Why is functionalism linked to retribution?

Answer 5

• they think punishments should be public and harsh
• this helps affirm societys values and help society experience justice when a crime is committed
• retribution based punishments are most appropriate for this (death penalty)

Question 6

Why is right realism linked to retribution?

Answer 6

• they support harsh punishments for crime such as zero tolerance and penal populism in order to keep crime levels low
• retribution based punishments are most appropriate for this

Question 7

What is deterrence?

Answer 7

the idea we make criminals never commit in the first place, or stop re-offending, because they are too fearful of the consequences

Question 8

Deterrence: CORE knowledge

Answer 8

• based around the idea of rational choice
• as an aim of punishment it can only really work if we assume humans are rational beings - they can weigh the costs and benefits before committing
• therefore deterrence works on the idea we make criminal punishments always outweigh the benefits of committing a crime
• can also pave the way for crime-prevention - if indiviudals are aware of punishments, it will prevent them from committing, e.g through stratgeies like CCTV
• 2 types of deterrence - general and individual
• general - general aim of convincing public not to commit
  individual - specifc punishments to stop them re-offending

Question 9

Deterrence: EXPANDED

Answer 9

deterrence only really works if the individual is fearful of at least one of two things:
- how severe the punishment will be
- how certain they are they will be caught
- it is important to distinguish between the severity and the certainty of a punishment, punishments need to be severe, and they need to be used frequently

Question 10

Why does right realism link to deterrence?

Answer 10

• believe in rational choice theory
• deterrence is very effective if individual makes a rational deciison that the punishment of a crime outweighs the benefits

Question 11

Why does social learning theory link to deterrence?

Answer 11

• bandura spoke of vicarious reinforcement
• skinner spoke of operant conditioning
• if we see others be punished harshly for crimes, people should learn not to commit them

Question 12

What types of crime usually use deterrence as a form of punishment?

Answer 12

• theft and robbery
• selling drugs
• possession of weapons

Question 13

Which types of punishments are used for deterrence?

Answer 13

• prison
• fines
• criminal record

Question 14

What is rehabilitation?

Answer 14

the idea we make sure criminals are reformed by their punishment so that they can change their ways and no longer want to commit

Question 15

Rehabilitation: CORE

Answer 15

• rehabilitation has become the main aim of punishment system in England and wales
• it focuses on the future not the past; what they can become, not what they have done
• believes in inidividual free-will and peoples capacity for change - people have control over their actions and the potential to improve

Question 16

Rehabilitation: EXPANDED

Answer 16

• means there has to be a degree of campassion and empathy from those who administer punishments - must have the ability to understand the emotions of others and want to help - even if you disagree with their actions
• part of this empathy is to develop an understanding of the structural reasons for crime - understanding why someone has comit, e,g education or poverty
• this means this person can be reintergrated into society