Understanding the effects of punishment on recidivism Flashcards

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1
Q

Understanding the effects of punishment on recidivism

A
  1. An offender who has been caught and punished for crime and then goes on to commit another offence are being released is known as a recidivist
  2. Recidivism has been linked to the way in which offenders are punished for their crimes
  3. In particular, whether or not their punishment encourages recidivism or if it is in some way rehabilitative, so is likely to decrease rates of recidivism
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2
Q

Recidivism

A

when an offender is punished for their crime but commits another crime when released

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3
Q

Rehabilitative

A

a programme designed to help offenders rather than punish them

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4
Q

Prison (recidivism)

A
  1. Offenders can be punished for their crimes in various ways
  2. A typical sentence for a serious criminal act is imprisonment.
  3. This is when an offender is placed in a prison and denied civil liberties, such as freedom and privileges, for a period of time determined by the court.
  4. The period of detention (or custody) is usually dictated by the type of crime committed, for which a sentence is received. The more serious the crime is, the longer the period of custodial sentence
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5
Q

Punishment in prison

A
  1. Punishment can be said to be effective because it is based on the principles of operant conditioning, which demonstrates that positive punishment can be used to stop a behaviour occurring again
  2. Prison is a form of positive punishment given to an offender that should prevent them from reoffending
  3. Prison also acts as a deterrent for potential offenders so is a form of negative reinforcement : people will avoid prison by abiding by the law
  4. However, some people may commit a crime in order to be put into prison because they find stability, routine, and friendship there.
  5. Prison could be a positive reinforcement for these peoples
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6
Q

Strengths of prison as a deterrent to reoffending

A
  1. Prison can be said to be effective because it removes a criminal from public life, so they do not have the opportunity to commit a crime as they are highly regulated within the prison walls. However it does not totally prevent reoffending after the sentence has been served. Recidivism rates in the UK show that within the first year of release, around 25% of people reoffend. The figures differ between age groups and for different types of crime.
  2. It keeps the public safe as the offender is locked away. This can be reassuring for the public and reinforces the moral view that crimes will be punished to ensure civil order. It is also based on the learning theory of operant conditioning which predicts that behaviour that is punished will not be repeated.
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7
Q

Weaknesses of prison as a deterrent to reoffending

A
  1. Imprisonment may be seen as an ineffective form of punishment for crime because prisoners are exposed to criminal role models while serving their sentence. These role models may commit crimes within prison and may reward other inmates for breaking prison rules. The reinforcement for committing crime within prison may outweigh the punishment that prison serves for crime.
  2. Once released, prisoners often find it difficult to get a job because of their criminal record, so they may likely turn back to crime to financially support myself making prison ineffective
  3. Prison raises ethical issues because civil liberties are removed from prisoners. This is a moral issue; some people believe that it is immoral to love someone up and remove their basic rights and privileges. Humanitarian views would argue that rehabilitation is better than imprisonment.
  4. Young offenders and criminals who commit crimes of theft are more likely to reoffend. With such high recidivism rates, we must question whether prison is an effective form of punishment
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8
Q

Humanitarian

A

concern with the welfare of humans

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9
Q

Community sentencing

A
  1. a community sentence is when you are convicted of a crime and have to do community service rather than go to prison.
  2. community sentencing is more common for minor offences, first offences, or if a court does not think a custodial sentence is appropriate
  3. Community service can involve voluntary work or unpaid work in the community such as painting buildings or picking up litter
  4. In addition to community service, an offender may be given a curfew, be restricted from certain areas, and have to report to a community offender manager.
  5. If an offender does not meet the requirements of the community service order, they may have to serve a custodial sentence in prison.
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10
Q

Strengths of community sentencing as a way to reduce reoffending

A
  1. Offenders can be given a second chance to make up for their crime by giving something back to their community.
  2. It can also prevent a new offender going to prison, where they may make criminal connections and get involved with more serious crimes. The theory is that they will be less likely to reoffend if they are not exposed to criminal influences
  3. Since community sentences are only given in appropriate circumstances, they may be more suitable punishments than imprisonment and result in the offender being less likely to reoffend because they have avoided prison, which is negative reinforcement
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11
Q

Weaknesses of community sentencing as a way to reduce reoffending

A
  1. Some view community sentencing as a soft option. With a recidivism rate of over 30%, it is not seen as an effective form of punishment.
  2. Despite curfews and restrictions, an offender may still be able to engage in criminal activity as they are not locked away from society
  3. Over 10% of offenders fail to complete their community sentence. This may be because they break curfew, fail to show up for community service, or are convicted for further offences
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12
Q

Restorative justice

A
  1. Restorative justice is a practice that involves an offender meeting up or communicating with the victim or people they have harmed by their crime
  2. This could mean a burglar would meet residents from
    whom they have stolen
  3. This can help both the offender and people harmed by the crime as the offender realises that their actions have a negative effect and can take responsibility and those harmed may have a chance to let their offender know how they feel
  4. Clearly, this process can cause distress to both an offender and the person harmed by a crime so it is conducted in an informal and neutral environment where the people involved can feel safe.
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13
Q

Strengths of restorative justice as a way to reduce reoffending

A
  1. According to government research, restorative justice has a high victim satisfaction rate of around 85%. This means that victims are able to ask questions and communicate their point of view to an offender, which may make them feel empowered and more able to move on with their lives. However it does not take away the fact that they have been a victim which shows that restorative justice may be more beneficial for the victim rather than a way of reducing recidivism
  2. There is a 14% reduction in recidivism compared to not using restorative justice. However since they are doing this voluntarily, it may just mean that the offender was already contemplating a crime-less life
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14
Q

Weaknesses of restorative justice as a way to reduce reoffending

A
  1. The process of restorative justice can cause distress to both offender and victim as it involves personal contact. A mediator is needed to decide whether the process will be helpful and safe. This safe environment means that tan offender can contemplate their crimes and may lead to a reduction in reoffending
  2. The process of mediation can be time-consuming and costly. However a recent review by the Ministry of Justice found that the cost in using restorative justice is less than the cost involved in dealing with reoffending.
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