Unit 4: AC2.2: Discuss the aims of punishment Flashcards

AC2.2

1
Q

What analogy comes with retribution?

A

An eye for an eye

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2
Q

In retribution, the punishment should be…?

A

Relative to the crime committed.

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3
Q

What does Kant argue about punishment?

A

It should not be a means to an end, but an end itself.

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4
Q

How does punishment being an end itself link to Durkheim?

A

Link’s to Durkheim’s view of expressive punishment i.e., those that express society’s outrage for an act.

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5
Q

Punishment should be proportionate to…?

A

The harm caused by the offender.

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6
Q

What is an example of a punishment being proportionate to the harm caused?

A

Mandatory sentencing e.g., life sentences for murder.

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7
Q

What does Hirsch argue about proportionate punishment?

A

Addresses the fact that the victim has been wronged by another person’s actions.

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8
Q

What is rehabilitation about?

A

Reforming offenders and reintroducing them into society.

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9
Q

What does rehabilitation attempt to do?

A

Change behaviour so that people don’t reoffend.

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10
Q

What does the idea of rehabilitation assume?

A

We have free will and a rational choice - we can do something about our behaviour.

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11
Q

What can be seen as examples of rehabilitation?

A

Community sentences and probation orders e.g., drug treatment orders.

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12
Q

What is an example of a rehabilitation charity?

A

Clink Charity

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13
Q

What does Clink Charity do?

A

Give prisoners jobs in restaurants in order to teach them skills.

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14
Q

What is Clink Charity an argument of?

A

The Rehabilitation of Offenders Act 1974

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15
Q

What does the Rehabilitation of Offenders Act 1974 give to people with spent convictions and cautions?

A

The right to not disclose them when applying for most jobs.

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16
Q

What is reparation a form of?

A

Compensation for the victim of crime (something to make up for the damage done)

17
Q

What are the different forms of compensation?

A

Financial
Through community payback schemes (unpaid volunteering)
restorative justice (meeting face to face to discuss the issues)
writing a letter of apology/repairing damage

18
Q

How would Left Realism see reparation?

A

As a way of providing practical measures to reduce crime

19
Q

What would Labelling theory argue about reparation?

A

By enabling offenders to show genuine remorse, it permits their reintegration and prevents secondary deviance

20
Q

What would Functionalists argue about reparation?

A

Ensuring social solidarity is essential for the smooth running of society.

21
Q

What does general deterrence aim to do?

A

Prevent potential offenders

22
Q

In deterrence, what does Beccaria argue about offending and punishment?

A

Offending is a rational choice, so punishment should be limited to what will prevent crime.

23
Q

What should punishment be based on in deterrence?

A

The severity of the crime,it should be consistent and proportionate

24
Q

what should punishment not do?

A

torment the individual criminal.

25
Q

What does individual deterrence aim to do?

A

To stop the offender from reoffending.

26
Q

What is an example of individual deterrence?

A

Suspended sentence

27
Q

What are some examples of suspended sentencing programmes?

A

Short Sharp Shock, American bootcamps, Three Strikes Out (third offence triggers a custodial sentence)

28
Q

What is public protection often referred to as?

A

Incapacitation
i.e., a sentence of the court to prevent future offending.

29
Q

In the context of public protection, what is the aim of punishment?

A

To protect society from dangerous criminals.

30
Q

What view is public protection based on?

A

The state has a duty to protect potential victims.

31
Q

What are some punishments that achieve public protection?

A

Prison
Execution
Cutting off limbs
Electronic tagging
Chemical castration

32
Q

How is prison an example of public protection?

A

Prisoners are physically kept away from the public

33
Q

What is a Right Realist viewpoint on public protection?

A

Would want to impose a sentence to protect the public as social constraints on behaviour are weak