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.
What is reparation a form of?
Compensation for the victim of crime (something to make up for the damage done)
What are the different forms of compensation?
Financial
Through community payback schemes (unpaid volunteering)
restorative justice (meeting face to face to discuss the issues)
writing a letter of apology/repairing damage
How would Left Realism see reparation?
As a way of providing practical measures to reduce crime
What would Labelling theory argue about reparation?
By enabling offenders to show genuine remorse, it permits their reintegration and prevents secondary deviance
What would Functionalists argue about reparation?
Ensuring social solidarity is essential for the smooth running of society.
What does general deterrence aim to do?
Prevent potential offenders
In deterrence, what does Beccaria argue about offending and punishment?
Offending is a rational choice, so punishment should be limited to what will prevent crime.
What should punishment be based on in deterrence?
The severity of the crime,it should be consistent and proportionate
what should punishment not do?
torment the individual criminal.
What does individual deterrence aim to do?
To stop the offender from reoffending.
What is an example of individual deterrence?
Suspended sentence
What are some examples of suspended sentencing programmes?
Short Sharp Shock, American bootcamps, Three Strikes Out (third offence triggers a custodial sentence)
What is public protection often referred to as?
Incapacitation
i.e., a sentence of the court to prevent future offending.
In the context of public protection, what is the aim of punishment?
To protect society from dangerous criminals.
What view is public protection based on?
The state has a duty to protect potential victims.
What are some punishments that achieve public protection?
Prison
Execution
Cutting off limbs
Electronic tagging
Chemical castration
How is prison an example of public protection?
Prisoners are physically kept away from the public
What is a Right Realist viewpoint on public protection?
Would want to impose a sentence to protect the public as social constraints on behaviour are weak
