Unit 4: AC2.2: Discuss the aims of punishment Flashcards
AC2.2
What analogy comes with retribution?
An eye for an eye
In retribution, the punishment should be…?
Relative to the crime committed.
What does Kant argue about punishment?
It should not be a means to an end, but an end itself.
How does punishment being an end itself link to Durkheim?
Link’s to Durkheim’s view of expressive punishment i.e., those that express society’s outrage for an act.
Punishment should be proportionate to…?
The harm caused by the offender.
What is an example of a punishment being proportionate to the harm caused?
Mandatory sentencing e.g., life sentences for murder.
What does Hirsch argue about proportionate punishment?
Addresses the fact that the victim has been wronged by another person’s actions.
What is rehabilitation about?
Reforming offenders and reintroducing them into society.
What does rehabilitation attempt to do?
Change behaviour so that people don’t reoffend.
What does the idea of rehabilitation assume?
We have free will and a rational choice - we can do something about our behaviour.
What can be seen as examples of rehabilitation?
Community sentences and probation orders e.g., drug treatment orders.
What is an example of a rehabilitation charity?
Clink Charity
What does Clink Charity do?
Give prisoners jobs in restaurants in order to teach them skills.
What is Clink Charity an argument of?
The Rehabilitation of Offenders Act 1974
What does the Rehabilitation of Offenders Act 1974 give to people with spent convictions and cautions?
The right to not disclose them when applying for most jobs.