Unit 4 2.2 Flashcards
What are the aim of punishments
- retribution
- rehabilitation
- deterrence
- prevention of reoffending
- deterrence of others from committing similar crimes
- public protection
- reparation
What is sentencing
This is where judges and magistrates decide on a sentence they must consider a number of issues before giving their decision.
E.g.
- previous convictions
- background
- risks to the public
- benefits of punishment
Sentencing council England and wales
This was set up to promote greater transparency and consistency in sentencing whilst maintaining the interdependence of the judiciary. The primary role of the council is to issue guidelines on sentencing which the courts must follow unless in interests of justice not to do so.
Retribution- definition and key points
This is based on an idea that the offender deserves punishment for the crime committed, it is a form of moral vengeance where the punishment is proportionate to the offense. Aims to provide an adequate level of justice to the victims of the offenders crime. Contains a element of revenge whereby victims and society are avenged for the wrong done by a individual
- it focuses on justice and the idea that wrongdoers should pay for their crimes
- summarized by the phrase an eye for an eye
- linked to the idea of just deserts meaning punishment should fit the crime
Retribution- criminological theory link
It can be linked to right realist theories which argue punishment should be about enforcing rules and consequences for breaking them. Functionalism also views punishment as a way to reinforce societal norms and boundaries.
They both emphasize the importance of punishment in maintaining order and enforcing consequences for deviant behavior
Retribution- advantages and disadvantages
+ it satisfies public demand for justice as it ensures offenders pay for their crimes which satisfies the public and victims sense of justice. It provides a moral balance by ensuring the punishment fits the crime
+ it reinforces societal norms and strengthens them by reinforcing the idea certain behaviors are wrong and justice will be served when those behaviours are committed
- moral ambiguity and focuses on giving offenders what they deserve which can be seen as morally questionable, it can promote revenge rather than constructive justice
- no reduction in crime as it doesn’t aim to prevent future crime or rehabilitate the offender so it may not reduce recidivism
- its subjective deciding what punishment is deserved leading to inconsistency in sentencing
Rehabilitation - definition and key points
It aims to reform and reintegrate the offender into society focusing on changing behaviour to prevent future offending. Presumes criminal behaviour is due to free will and choice but it’s believed criminals can change their behaviours.
- it encourages offenders to address the root causes of their behaviour
- often involves drug treatment programs, education and skill development
- aimed at reducing recidivism (reoffending) by equipping offenders to live production and law abiding lives
Rehabilitation - criminological theory link
Individualistic theories such as eyensencks personality theory highlight rehab as crucial for understanding and addressing the psychological or behavioral reasons behind criminal activity. The social learning theory also supports the idea that offenders can change their behavior through positive reinforcement.
They both focus on the potential for offenders to change and reform
Rehabilitation- advantages and disadvantages
+ it reduces recidivism by addressing the underlying causes of criminal behavior, such as addiction or mental health issues, rehab programs help offenders reintegrate into society, reducing the likelihood of reoffending
+ it promotes long-term change, providing offenders with the skills education and therapy needed to make long-term positive changes, benefiting both the individual and society as a whole
-it has high costs as effective rehab programs such as educational therapy requires substantial resources, which may not always be available
-it has unreliable outcomes as not all offenders respond well to rehab, and there is no guarantee. It will reduce reoffending.
-Public perception rehab may be viewed as being too lenient by the public, especially for serious crimes, which could undermine public confidence in the justice system
Deterrence- definition and key points
This seeks to discourage criminal behaviors either by preventing an individual from reoffending (specific deterrence) or by discouraging others from committing similar crimes (general deterrence)
Specific deterrence
-is the prevention of reoffending, punishing an offender to ensure that they personally do not commit further crimes
- the individual is dissuaded from reoffending due to the negative consequences they’ve experienced
-It often includes strict sentences like prison terms or suspended sentences
General deterrence
-Is the deterring of others from similar crimes
- Punishment serves as an example to the general public, discouraging others from committing similar offenses
-the visibility of punishments acts as a warning to society
-public size cases of punishment often serve as a tool for general deterrence
However recidivism rate would suggest many prisoners are not deterred from committing crimes as reoffending rate is nearly 50 % within a year of release
Deterrence- criminogical theory link
Aligns with the rational choice theory which assumes that individuals weigh the costs and benefits before committing a crime. If the costs (punishment) outweigh the benefits, people will be less likely to offend. It also ties into right realist approache which advocate the strict penalties to maintain social order.
It suggests individuals will avoid crime if the costs such as punishment outweigh the benefits
Deterrence- advantages and disadvantages
Specific deterrence
+ individual prevention, the threat of further punishment can serve as a strong motivator for offenders to avoid committing future crimes thus preventing rested recidivism
+ personal reflection punishment gives offenders the opportunity to reflect on the consequences of the actions potentially leading to personal behavior change
-Limited effectiveness as many offenders are not deterred by the fret of punishment, especially if they believe they won’t be caught or if they act impulsively
-recidivism some studies show harsh punishment may not significantly reduce reoffending and can sometimes increase the likelihood of recidivism as a friend as become more hardened
General deterrence
+ the knowledge that punishment will follow a crime discourages others society from committing similar offenses. This deter would be offenders by making them consider the consequences.
+ benefit calculation potential criminals may avoid engaging in illegal activities if the risks of being caught and punished outweigh the potential awards
-assumes rational behaviors, that people act rationally and will weigh the consequences of their actions before committing a crime however, many crimes are committed impulsively or under emotional or social pressures
-inequity in impact deterrent policies, may disproportionately affect certain groups, such as the poor, who may have fewer alternatives to committing crime or may not be as informed about the potential consequences
Public protection (incapacitation)- definition and key points
It aims to physically prevent offenders from harming the public typically through imprisonment or other restrictive measures
-It refers to the removal of dangerous individuals from society to prevent future harm
-Long term sentences, life imprisonment and in some jurisdictions capital punishment are examples of this aim
-other measures could include restrictive orders like ASBO’S (anti social behavioral orders) or sexual offense prevention orders, which limit offenders movement or activities
Public protection- criminological theory link
This aim is supported by biological theories, such as Lombroso theory of the born criminal which suggests some people are inherently predisposed to criminality incapacitation ensures individuals are kept away from society to protect others. Write realism also advocates incapacitation to maintain social order.
It proposes some individuals pose an inherent threat to society
Public protection- advantages and disadvantages
+ immediate safety by incarcerating, dangerous offenders, public protection, ensures that individuals who pose a threat to society are removed from the general population, reducing the risk of harm to others
+ long-term security measures such as long-term imprisonment or life sentences prevent offenders from committing further crimes, ensuring long-term public safety
-overly punitive some forms of public protection, such as long prison sentences or life imprisonment can be seen as overly harsh, especially for nonviolent offenders
-perpetuate harm while protecting the public long-term imprisonment can harm offenders by isolating them from society, potentially increasing their risk of offending when released
- does not address the root causes focusing solely on incapacitating offenders does little to address the underlying social economic or psychological reasons for their criminal behavior
