unit 4: AC 2.1, 2.2, 2.3 Flashcards
retribution
to punish offenders on behalf of society, and to exact vengeance for breaking society’s moral code.
there is a fixed scale of sentences that are used in most cases, however in cases of moral outrage, such sentences and penalties can be increased e.g. a physical assault may be treated more severely if racially motivated
synoptic links of retribution
right realism: they promote ‘rational choice theory’ and consider all offenders to be accountable for their behaviour so they may favour retribution to punish offenders on behalf of society
functionalism: they consider retribution to be helpful for ‘boundary maintanance’, meaning that it reminds everyone what the costs are for committing crime
weaknesses of retribution
- nature of fixed penalties allows no room to use subjective judgement which can be an issue when punishment is unavoidable even though it may not be the most suitable outcome
- retribution aims to be proportional to the crime however there is no agreement about what is ‘proportional’. some may consider the penalty for murder to be too lenient and others may consider the penalty for speeding to be too strict
aims of rehabillitation
to use punishment as an opportunity to create real, internalised change in the offender and reduce recidivism rates.
can consist of various elements, e.g. anger management and CBT. also contains education and training programmes to help offenders prepare for life outside of prison
synoptic links of rehabillitation
left realism: left realists believe that socio-economic disadvantages are the driving factor in crime, so by providing training and education the offenders are more likely to be prepared to contribute to society therefore wont commit repeated offences.
operant conditioning: ‘token economy system’, rewards encourage positive behaviour changes
weaknesses of rehabillitation
requires lots of input to bring about true change, and many offenders wont be willing to put the effort in
marxists criticise rehabillitation for having no focus on the role of capitalism in crime and puts too much responsibility on the offender to change
deterrence aim
to put people off from reoffending and other people from ever committing any crime
individual deterrence refers to punishments to prevent an individual from reoffending e.g. tough prison sentences or juvenile detention centres and general deterrence refers to ensuring that members of society are deterred from ever committing crime by making them fear punishment
deterrence synoptic links
SLT: if people observe behaviours leading to punishment, they are less likely to imitate that behaviour.
right realism: propose ‘rational choice theory’ so by using punishment for deterrence purposes, right realists claim this will be a factor in decision making.
weaknesses of deterrence
severity of punishment and certainty of punishment are not the same. whilst the severity of a punishment is a deterrent for committing crime or reoffending, its less likely to be effective if there is low certainty that you will be caught
not all offenders think rationally. some are emotional and impulsive so deterrence as a factor in rational choice theory will be absent
public protection aim
by incapacitating criminals members of society are protected from them.
mostly custodial sentencing and imprisonment, however chemical castration has been used.
criminal justice act (2003)- possible to incapacitate criminals without a fixed release date when public protection was a concern
synoptic links of public protection
right realism: right realists consider people as responsible for their actions and liable for the consequences. they agree that such people should be removed from society to protect the public and reduce crime rates
lombroso: believed that physiological features that are different from society made people criminals, rendering rehabillitation programmes ineffective suggesting that incapacitation is the best and most appropriate punishment for such offenders
weaknesses of public protection
as more people are incapacitated in prisons, the costs are rising. this has created concerns about overcrowding and lack of funds to keep incapacitating offenders with long sentences
whilst it helps reduce risk to the public, it makes no effort to change offenders or to address why they offended originally
reparation aim
to make offenders ‘pay back’ society and/or individuals and make amends for their crime
e.g. if a crime led to damage of materials caused by vandalism, the offender may be required to financially compensate
restorative justice- with a trained mediator, the offender meets with the victim/family in a room whilst the victim/family explain the impacts of a crime on them and the offender can express remorse or explain their circumstances
reparation synoptic links
labelling theory: labeling theorists favour restorative justice because it allows the offenders to be empathic, remorseful and avoid labelling themselves as lost causes which improves the likelihood that they can reintegrate into society upon release
weaknesses of reparation
not possible for all types of crimes, e.g not effective for a victim and sex offender
critics regard it as a lenient punishment, and only effective for those who are capable of true remorse and change
how does imprisonment meet the aims of rehabillitation?
ethical and moral approach to imprisonment that contrasts with retribution. however, statistics suggest that prison is not effective at reducing recidividsm. 48% of prisoners reoffend within a year of release. in addition, short sentences are common and do not allow enough time for rehabillitation to take place. furthermore, opportunities for training and education are limited due to cost and availability, and are not suitable for everyone e.g. illiterate prisoners)
how does imprisonment meet the aims if retribution
Prison meets the aims of retribution as it is punishing the offender by taking their freedom away. The aim seeks to punish them through giving them a sentence deserving of the crime. This can be seen through the example of murder, where if you take another’s life, then your life will be taken from you. In the UK, this is a life sentence. however, it is impossible to determine if the sentence is strict enough or matches the crime committed
how does imprisonment meet the aims of deterrence
Some people avoid the temptation to commit crime due to a fear of being sent to prison, and it has been effective in preventing some reoffending. However, recidivism rates are not low enough to suggest imprisonment is completely effective, and not everyone considers deterrence as a factor in decision making (e.g. when someone is committing crime whilst drunk).
how does imprisonment meet the aims of public protection
This removes criminals from society and keeps people safe indefinitely or until people are deemed to be safe to be released. Prisoners can be released on licence and supervised by probation services, meaning society is still protected. However, prisons are full of pro-crime attitudes and prisoners can be a negative influence on each other in terms if learning new criminal behaviours and attitudes.
how does imprisonment meet the aims of reparations
Offenders are help accountable for their crimes and have an opportunity to experience remorse and regret. Prisoner Earnings Act (2011) was set up to ensure offenders who are allowed to work, make financial contributions to victim support services. However, these methods are not suitable for all offenders or types of crimes.
how do community sentences meet the aims of retribution
All community sentences include elements of punishment/retribution. For example, placing restrictions on freedom and autonomy through curfews.
The community work is also unpaid and requires offenders to wear hi-vis vests, which make them stand out and face being known as an offender.
how do community sentences meet the aims of reparations
Community sentences involve making the offenders collect rubbish or clean streets which as well as conforming to retribution aims, due to them paying back to the community and cleaning the streets, it is also reparation because it is unpaid work.
The aims of reparation may potentially be deterred but to encourage the offenders to be included in positive work for their community instead of being in prison. Overall, this aims to try not only punish offenders but to change their behaviour and prevent future offending.
imprisonment case study
John Worboys is a British convicted sex offender, known as the Black Cab rapist. Worboys was convicted in 2009 for attacks on 12 women. Police say he may have had more than 100 victims. Rapist Worboys lost his appeal against two life sentences. Considering Worboys’ amount of victims, rehabilitation for him is a far-stretch as it appeared pathological. Therefore, a sentence such as this where he will be spending the rest of his days in prison, may be seen as justice for their tragedies, and furthermore, prevents him from committing future similar crimes.
how do community sentences meet the aims of public protection
All community sentences must include ways to protect the public, since offenders are not imprisoned and out of society. For example, offenders are supervised and aware that failure to comply with rules and criteria will lead to imprisonment.
how do community sentences meet the aims of rehabillitation
Community services can address some of the needs of offenders, such as support for addictions or homelessness (living in an approved and supervised hostel). Research shows that community sentences are more effective at reducing recidivism than custodial sentencing. 34% reoffend within 12 months of starting a community sentence compared to 64% of those who serve a prison sentence. However, community sentences are not used as much as they used to be.
By 2017, only 8% of offenders were issued with a community sentence, down from 14% in previous years.
community sentences
Community sentences are imposed when a crime is not suitable to be punished through prison sentences, or through a discharge. A ‘Community Order’ is issued by the court in these situations and conditions set must be met.
e.g.
* A probation officer will be assigned to supervise the offender and must be complied with
* Between 40 - 300 hours of community payback work must be complete as directed by the court. This will be unpaid work.
* The court may issue a curfew, and this must be adhered to without fail
* The court may issue mandatory attendance to a group programme (e.g. anger management) or treatment programme (e.g. for alcohol addictions)
fines
Fines are financial penalties for offenders that are issued for less serious crimes, however many serious crimes are punished through both a fine and a custodial sentence. The severity of the fine is dependent on various things.
For example, the offence committed, the circumstances of the crime (e.g. Whether it is a first offence or not), and the offenders ability to pay the fine (e.g. whether payments should be made through instalments or not). The sum of the fine is also affected by the court that is issuing the fine. For example, the Magistrates court can only issue fines up to a certain amount (e.g. £5000).
rules of financial penalties
A court will decide on the actual amount an offender should pay based on: the offence, the offender’s ability to pay, for instance if the offender is on benefits, information taken from their ‘means form’. Before given a fine, an offender must fill in a ‘means form’. This is so the court knows the offender’s financial situation and what fine they can afford. The means form asks for details of: income, outgoings and savings.
negatives of financial penalties
if an offender is paying compensation towards a victim, this may be reparation, however, in terms of serious injuries, a fine may not be enough. Especially if an individual is comfortable with a fine, this type of punishment may not teach them to rehabilitate and may therefore re-offend.
how do financial penalties meet the aims of retribution
One aim of fines is to make people pay money so that they experience a direct consequence for their crime. Having to pay their own money is a form of punishment that is undesirable.whether that is a driving or road offence, or other minor offences
how do financial penalties meet the aims of deterrence
When fines are issued to offenders, it is a message that any future crimes will be punished in more severe ways, and this can often deter people from committing any other offences.
However, some offenders may fail to pay the fine or meet instalment dates, therefore the amounts can be automatically deducted from benefits, or bailiff services can be used. Many fines are written off as ‘uncollectable which suggests that this method of punishment is not always suitable or effective.
how do financial penalties meet the aims of reparations
If the offence causes harm to a victim, the offender will have to make a compensation payment. They’ll also have to pay towards the cost of the court hearing. An extra payment call a ‘victim’s surcharge’ of £15 may also be added.
discharges
Some offenders are issued with a ‘discharge’ instead of a criminal conviction such as custodial sentencing. For example, someone who has committed a first offence may be issued with a discharge, depending on the nature of the crime.
A ‘conditional discharge’ is where the offender is not punished unless they commit another offence in the future (e.g. over the next three years). The period of time is set by the courts and if another offence is committed the court may decide to punish both crimes, or the latest one.
An ‘absolute discharge’ is also referred to as an ‘unconditional’ discharge and this is where no penalty is issued. This occurs when the court decides that punishment (even if the person is guilty) is not appropriate. For example, the defendant may be deemed blameless, or may be too ill for prison).
how do discharges meet the aims of deterrence
Discharges aim to deter people from committing crime but are the lowest level of punishment. Many consider discharges to be like a warning about future behaviour. Discharges are not often followed by reoffending which suggests that they are effective. They may be effective because the experience of court is distressing enough for most people and deters them from breaking the law again.
negatives of discharges
Considering a discharge is a minor punishment for a minor crime, would this fully deter an individual from re-offending? However, if a certain crime was a mistake, or a one-off, punishment such as a prison sentence may be unfair.
imprisonment (life sentences)
This refers to prison sentences that are given to offenders by a court, depending on the crime. For example:
Life sentences: the most serious sentence issued by the court. Anyone given a life sentence will remain in prison until a set time, when a parole board will determine whether to allow their release on licence or not. Some offenders (E.g. murderers) are given mandatory life sentences and some may never be released. In some cases, IPP (Imprisonment for Public Protection) means some offenders are given indeterminate sentences, where they have no right to a release until a parole board decides that they are no longer a risk to the public.
internal social control (superego)
according to freuds psychodynamic tripartite personality theory, the superego tels us what is right and wrong and what to feel guilty about. in contrast, the id is the childish and impulsive part of our personality. our superego develops after we identify with a same sex parent and internalise their morals and values.
