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WJEC Level 3 Criminology (KEDST 2023/24). > UNIT 4 - AC2.2 - Discuss the aims of punishment. > Flashcards

UNIT 4 - AC2.2 - Discuss the aims of punishment. Flashcards

1
Q

According to the Criminal Justice Act 2003, what are the main 5 aims of Punishment?

[AC2.2]

A
  1. Retribution.
  2. Rehabilitation.
  3. Deterrance.
  4. Public Protection/ Incapacitation.
  5. Reparation.

[AC2.2]

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2
Q

What is the definition of Retribution?

[AC2.2]

A

Punishment imposed for purposes of repayment or revenge for the wrong committed.

[AC2.2]

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3
Q

What one word can best describe Retribution?

[AC2.2]

A

Revenge.

[AC2.2]

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4
Q

What quote can be best used to explain Retribution?

[AC2.2]

A

“Eye for an Eye, Tooth for a Tooth, a life for a life.”

[AC2.2]

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5
Q

Explain how Retribution can be seen as backward looking.

[AC2.2]

A

It doesn’t help to stop crime, it just punishes based on the past criminal event (inflitction of punishment on an individual).

[AC2.2]

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6
Q

What Punishment in the US and the UK can show the worst punishment?

[AC2.2]

A
  • US: Death Penalty.
  • UK: Full Life Prison Term.

[AC2.2]

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7
Q

What type of sentences has Retribution led to?

[AC2.2]

A

Mandatory Minimum Sentences - stop offenders being punished for less than they should, especially for serious crimes.

[AC2.2]

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8
Q

Which 2 criminological theories can help to explain Retribution?

[AC2.2]

A
  1. Right Realism.
  2. Functionalism.

[AC2.2]

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9
Q

How does Right Realism help explain Retribution?

[AC2.2]

A
  • Link to a zero tolerance approach - most severe punishment possible.
  • Also, links to the Rational Choice Theory as offenders choose to commit crime. It works on the Costs vs Benefits approach in which people weight up whether it is worth committing crime.
  • CCM - “Guilty until proven innocent”.

[AC2.2]

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10
Q

How does Functionalism help to explain Retribution?

[AC2.2]

BM?

A
  • Boundary Maintenance - setting the boundaries for acceptable behaviour and punishing those who go beyond it.
  • Punishing others makes people see the consequences of crime, therefore detering them from committing crime.
  • Crime is a function in society - it reinforces social integration, strengthens social regulation, and brings about social change.

[AC2.2]

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11
Q

What is the effectiveness of Retribution? Is it an appropriate form of punishment?

[AC2.2]

A
  • It could be seen as too simplistic.
  • It makes it more difficult to consider mitigating factors.
  • It prioritises Punishment over treatment (no rehabilitation).
  • It dehumanizes offenders.
  • We know Restorative Justice can be used to help repair the harm.

[AC2.2]

Overall it is quite effective, but doesn’t help getting offenders back into society without increasing the rate of recidivism.

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12
Q

What is the definition of Rehabilitation?

[AC2.2]

A

The action of restoring someone to health or normal life through training and therapy after imprisonment, addiction, or illness.

[AC2.2]

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13
Q

What types of Programs can be used for Rehabilitation?

[AC2.2]

A
  • Drug Treatement.
  • Alcohol Treatement.
  • Anger-Management.
  • (CBT) - Congitive Behabioural Therapy.
  • Community Sentences.
  • Educational Programs.

[AC2.2]

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14
Q

Explain how Rehabilitation can be seen as forward facing.

[AC2.2]

A

It looks into the future about the effects on future job aspects and how behaviour can changed to not allow crime to happen again.

[AC2.2]

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15
Q

How does Rehabilitation help stop the rate of recidivism?

[AC2.2]

A

It allows offenders to be seen as more valuable members of society. It helps to solve any issues that need attention and allows people to change the way they act.

[AC2.2]

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16
Q

What types of sentences does Rehabilitation work with?

[AC2.2]

A

Community Sentences - helps to keep individuals out of the prison system, allows offenders to repay back into the community.

[AC2.2]

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17
Q

How can Rehabilitation link to RCT (Rational Choice Theory)?

[AC2.2]

A

Offenders have to want to change/ improve their ways in order for Rehabilitation to work. The benefits of these treatment programs helps offenders to change for the better.

[AC2.2]

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18
Q

Which criminological theories can help to explain Rehabilitation?

[AC2.2]

A
  1. Left Realism.

Individualistic Theories such as:
2. Eysenk.
3. Skinner’s Operant Conditioning.

[AC2.2]

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19
Q

How does Left Realism help explain Rehabilitation?

[AC2.2]

A
  • It deals with the inequalities in society (poor socialisation, education).
  • It tries to find the real reason behind why they committed the crime in the first place.
  • This helps to reduce the stigma which reduces the rate of offending.

[AC2.2]

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20
Q

How do Individualistic Theories help explain Rehabilitation?

[AC2.2]

A
  • Eysenk’s personality test measures: Introversion, Extraversion, Psychoticism.
  • It makes sure treatement programs are effective and specialised for the individual.
  • Skinner (SLT) - link to positive reinforcement and behaviour being conditioned (use of Token Economies to make inmates feel valued).

[AC2.2]

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21
Q

What is the effectiveness of Rehabilitation? Does it work as a punishment? Does it reduce recidivism?

[AC2.2]

A
  • In the short term it is a problem as it needs more funding and investment.
  • In the long term it tends to lower the recidivism rate which overall reduces the costs in the CJS.
  • More experienced and personalised staff are needed (higher salary costs).
  • Human Ecological Prisons can be seen to work.

[AC2.2]

Overall, it can be seen as an effective strategy in which it lowers the rate of recidivism which in return lowers costs.

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22
Q

What is the definition of Deterrance?

[AC2.2]

A

The action of discouraging an action or event through instilling doubt or fear of the consequences. This can be through pschological or physcial threat.

[AC2.2]

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23
Q

What are the 2 types of deterrance?

[AC2.2]

A
  1. General Deterrance.
  2. Individual Deterrance.

[AC2.2]

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24
Q

What is General Deterrance?

[AC2.2]

A

General Deterrance is the effects of the community/ society as they have seen the punishment other offenders have got.

[AC2.2]

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25
Q

How does General Deterrance work?

[AC2.2]

Examples?

A

It prevents the ‘would-be’ offender from committing similar crimes. It teaches them a lesson.

[AC2.2]

Older Examples include: Floggings and Public Executions as society got to personally see what happened as a result of the individual committing crime.

26
Q

What principle does General Deterrance work off? Explain it.

[AC2.2]

A

The Severity vs Certainty Principle - if there is little chance of the offender being caught then they will probably take the chance as it won’t deter them.

[AC2.2]

27
Q

What does General Deterrance rely on?

[AC2.2]

A

The media to help spread and share stories in which people have been punished.

[AC2.2]

28
Q

What examples of punishment can show General Derrance?

[AC2.2]

A
  • During the 2011 London Riots, mandatory life sentences were given and other severe punishments for smaller, less severe crimes. These are seen as disproportionate.
  • Floggings and Public Executions.

[AC2.2]

29
Q

What is Individual Deterrance?

[AC2.2]

A

It is a form of specific deterrance in order to target individuals who have committed crime in order to help them from committing further crimes.

[AC2.2]

30
Q

How does Individual Deterrance work?

[AC2.2]

A

It makes offenders think that it is not worth repeating the crimes (tougher sentences = greater deterrance). The initial punishment may be more lenient and may get less lenient the more they re-offend.

[AC2.2]

31
Q

Which 2 criminological theories is Deterrance based off?

[AC2.2]

A
  1. Right Realism.
  2. SLT (Social Learning Theory).

[AC2.2]

32
Q

How does Right Realism help explain Deterrance?

[AC2.2]

A
  • Punishment needs to be severe enough to deter offenders when they are making a rational choice.
  • Target Hardening - making crime harder to commit (offenders need to put in more effort).

[AC2.2]

33
Q

How does Social Learning Theory help explain Deterrance?

[AC2.2]

A
  • Vicarious Reinforcement - people learn from others’ behaviour (Skinners Operant Conditioning Theory).
  • Seeing other people get punished leads to deterrance of similar acts.

[AC2.2]

34
Q

What is the effectiveness of Deterrance? Does it work?

[AC2.2]

A
  • The certainty of being caught is a vastly more powerful deterrent than the punishment.
  • Sending an individual convicted of a crime to prison isn’t a very effective way to deter crime.
  • Police deter crime by increasing the perception that criminals will be caught and punished.
  • Increasing the severity of punishment does little to deter crime.

[AC2.2]

Overall, the evidence suggests that focused deterrence strategies have reduced crime.

35
Q

What is the defintion of Public Protection?

[AC2.2]

A

This refers to the prevention of harm to society by putting in measures to stop offenders.

[AC2.2]

36
Q

What 2 ideas does Public Protection work off?

[AC2.2]

A
  1. Incapacitation.
  2. Incarceration.

[AC2.2]

37
Q

What is Incapacitation?

[AC2.2]

A

A method of removing or limiting someone’s freedom such that they cannot commit further crime.

[AC2.2]

38
Q

How does Incapacitation work?

[AC2.2]

A

It can be through a physical literal capacity in which people aren’t able to do things at all.

[AC2.2]

39
Q

Gives some examples of how people can be incapacitated?

[AC2.2]

A
  • Execution or Cutting off Hands in Saudi Arabia.
  • Voluntary Chemical Castration for Sex offenders in the UK.
  • Travel Bans in the UK.
  • Curfews, CBO’s in the UK.

[AC2.2]

40
Q

What is Incarceration?

[AC2.2]

A

Imprisonment of those offenders who can be seen as too high of a risk to spend their sentence in the community.

[AC2.2]

41
Q

What types of offenders need Incarcerating?

[AC2.2]

A
  • Violent Offenders.
  • Sexual Predators.

[AC2.2]

42
Q

What 2 laws can be seen to explain public protection?

[AC2.2]

A
  • Crime Sentences Act 1997 - addition of mandatory minimum sentences.
  • Criminal Justice Act 2003 - IPP (Imprisonment for Public Protection) they are indeterminate sentences.

[AC2.2]

43
Q

Which 2 theories can help to explain Public Protection?

[AC2.2]

A
  • Biological Theories such as Lombroso.
  • Right Realism.

[AC2.2]

44
Q

How does Lombroso help explain Public Protection?

[AC2.2]

A

People are ‘Born Criminals’. It is not possible to change or rehabilitate them. Chemical or Surgical Castration can be used for sex offenders.

[AC2.2]

45
Q

How does Right Realism help explain Public Protection?

[AC2.2]

A

Long prison sentences keep offenders out of society, they have stricter control and can help when social contraints are weak.

[AC2.2]

46
Q

What is the effectiveness of Public Protection as an aim of punishment? Does it achieve its objectives?

[AC2.2]

Statistics?

A
  • Females inmates are more than twice as likely as men to report needing mental health help in prison.
  • Public Protection works for prison sentences when they are directly locked away. They don’t work very well on Community Sentences as the offender is under partial supervision in the community. They don’t work at all for Fines or Discharges.

[AC2.2]

In 2017, 84% of women who enetered prison were found to have committed non-violent crimes which led to shorter sentences and higher rates of reoffending due to little/ no rehabilitation.

47
Q

What is the definition of Reparation?

[AC2.2]

A

A practical way to pay back for the harm caused by the offence, either by directly repairing the harm or through constructive work to help the local community.

[AC2.2]

48
Q

Give an example of a way offenders can re-pay victims/ society?

[AC2.2]

A
  • They can compensate victims such as the offender paying earnings that would have been missed from their work whilst they were off.
  • It can involve community payback such as removing graffiti, litter picking or repairing damages as part of a community order.

[AC2.2]

49
Q

What is the name of the scheme an offender can take part in for Reparation?

[AC2.2]

A

Restorative Justice.

[AC2.2]

50
Q

How does Restorative Justice work as a form of Reparation?

[AC2.2]

A

They bring offenders and victims together to share their sides of the crime committed and order to help let the other individual know the consequences it has had. It brings closure to the victim and help to reintegrate offenders back into society.

[AC2.2]

51
Q

What other forms of Restorative Justice are there?

[AC2.2]

A

They can be in the form of writing apology letters, repairing damage from the criminal event or paying back.

[AC2.2]

52
Q

Which 2 theories can help explain Reparation?

[AC2.2]

A
  1. Left Realism.
  2. Labelling Theory.

[AC2.2]

53
Q

How does Left Realism help explain Reparation?

[AC2.2]

A

It acts in the same way as Rehabilitation in which it makes offenders aware of their actual costs that they have caused due to their wrongdoing.

[AC2.2]

54
Q

How does Labelling Theory help explain Reparation?

[AC2.2]

A

Offenders can be seen as not trusted anymore, even if they are an ex-offender. They can be seen as not being able to provide anything useful to society. After Restorative Justice, it makes offenders have a clean-slate (just like the crime never happened). Offenders will pay back society in order to try and remove the label given.

[AC2.2]

55
Q

What is the effectiveness of Reparation? Does it work as a punishment? Does it reduce recidivism?

[AC2.2]

A
  • It makes justice of the work of the community (community works together).
  • RJ considers the interests of both the victims and offenders. It holds offenders accountable in a constructive way.
  • It allows for proportionate punishments (open-ended).
  • It is forward looking.

[AC2.2]

56
Q

EXTENSION:

What is Denunciation?

[AC2.2]

A

It demonstrates the disapproval of an act by society expressed by the imposition of a punishment. The purpose of denunciation is to demonstrate to law-abiding citizens that a particular behaviour is not acceptable.

[AC2.2]

57
Q

EXTENSION:

Give an example of a way Denunciation can be used.

[AC2.2]

A

Using punishment such as prison to reinforce that serious or violent offences are unaccepatble and that society won’t tolerate this behaviour.

[AC2.2]

58
Q

EXTENSION:

What theory can help to explain Denunciation?

[AC2.2]

What Key word(s) helps to explain this?

A

Functionalism.

[AC2.2]

Boundary Maintenance - reaffirms what is right and wrong by making an example of those who break the law.

59
Q

EXTENSION:

How can Functionalism help to explain Denunciation?

[AC2.2]

A

Punishments offer an opportunity for Boundary Maintenance, and alllow society a change to come together to show their dissaproval.

[AC2.2]

60
Q

EXTENSION:

What case study links to the use of Denunciation?

[AC2.2]

A

Shannon Matthews - society showed strong disapproval and used labelling theory by labelling the mother “evil” due to the fact she abducted and neglected her child.

[AC2.2]

WJEC Level 3 Criminology (KEDST 2023/24). (10 decks)

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