Unit 4 2.2 Flashcards
What the five aims of punishment?
- Retribution
- Rehabilitation
- Deterrence
- Public Protection
- Reparation
Definition of Retribution (inc example and theory)
- paying back
- inflicting punishment on an offender
- eye for an eye
- Right realism: criminals make rational decisions
e.g death penalty for murders
Definition of Rehabilitation (inc example and theory)
- reforming or changing offenders so they no longer offend
- done through treatment programmes
- Individualistic theories: cognitivist theories (teaching offenders to correct thinking errors)
- Left Realism: addressing needs among offenders will help to reduce offending
e.g community service
Definition of Deterrence (inc example and theory)
- uses punishment to deter the individual offender from re-offending
- the punishment will convince the offender that it is not worth repeating the experience
- Right Realism: a means of crime prevention
e.g tough prison sentences
Defenition of public protection (inc example and theory)
- punishment to protect the public
- taking criminals out of societies to reduce crime
- Biological theories: Lombroso argues criminals are biologically different
e.g execution, cutting off hands, chemical castration
Definition of Reparation (inc example and theory)
- making amends for the wrong
- giving the offender an opportunity to make up for what they’ve done
- Labelling Theory: enabling them to show genuine remorse and prevents them being pushed into secondary deviance
e.g financial compensation, unpaid work
What is imprisonment?
inc sentences
- Going to prison
Different sentences: - Life sentences
- Fixed term sentence
- Indetermite sentence (IPP) - no longer given
- Suspended sentences
How does imprisonment fulfill the aim of deterrence?
- the idea of having your rights and freedom taken away will stop people from commiting a crime
- not effective for everyone as some people ‘don’t care’ about going to prison so will still commit crime
- High recidivism rate still
How does imprisonment fulfill the aim of public protection?
- Taking people off the streets and keeping them in prison protects the public
- Effective as criminals are no longer in public
How does imprisonment fulfill the aim of rehabilitation?
- Courses and resources put in place during their time in prison to rehabilitate and change their mindset too not commit when they are out
- Not effective as recidivism rate is still high
- This is due to overcrowding, lack of stuff and lack of funding
How does imprisonment fulfill the aim of retribution?
- They are being punished and put in prison for their crime (getting what they deserve)
How does imprisonment fulfill the aim of reparation?
- Repairing for the crime they have committed
- Being in prison is ineffective as they cannot repair and have no contact with the outside world to do so
What is community sentences?
Community payback order- unpaid work/ curfews/ drug treatment and testing/ community supervision
How does community sentences fulfill the aim of reparation?
- Paying back and fixing what they have done by making amends with the community
- Effective as gives them a chance to fix what they have done e.g scrubbing off graffiti
How does community sentences fulfill the aim of rehabilitation?
- Changing a persons mindset by teaching them the correct way to behave and go through treatment programmes
- Effective as less reoffending then imprisonment
How does community sentences fulfill the aim of deterrence?
- People wont commit the crime if they then have to do hours of unpaid work or something they do not want to do
- Can act as a warning too prevent an offender committing a crime again and face harsher sentences
- Not effective as community payback can be seen as ‘too soft’
How does community sentences fulfill the aim of public protection?
- Offenders are out in the community with restrictions and tight community supervision
- Not effective as they are still out in the public and risk the public (may not be fully protected like imprisonment)
How does community sentences fulfill the aim of retribution?
- Offenders are getting what they deserve for committing a crime
- Usually for lesser crimes
- Not harsh enough?
What are fines?
Fixed penalty notices/ depend on financial circumstances of the offenders and seriousness of offences
How do fines fulfill the aim of deterrence?
- People do not want to undertake a loss of money so will not commit the crime
- Effective for lower class people who cannot afford to lose money
Not effective for the upper class as they can afford to receive a fine and will still commit the crime
How do fines fulfill the aim of rehabilitation?
- People may change the way they think as they realise their actions have consequences
- Not effective in fully rehabilitating and changing the way a person thinks
How do fines fulfill the aim of retribution?
- Paying for the crime you have committed
- Depends on a persons financial situation
How do fines fulfill the aim of reparation?
- People get the chance to repair what they have done e.g paying for the damage
- Prisoners work and pay their victim on the outside
What are discharges? ( conditional and absolute)
Conditional: where the defendant reoffenders during a set period of time, the courts can then impose a different sentence
Absolute: where no penalty is imposed as the defendants is guilty but morally blameless
