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CRIMINOLOGY TEST > UNIT 4-topic 4 > Flashcards

UNIT 4-topic 4 Flashcards

1
Q

what are the 4 aims of punishment

A
  • retribution
  • deterrence
  • rehabilitation
  • incapacitation
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2
Q

what does retribution mean and whats an example

A

the idea that we make sure that criminals get what they deserve for the actions they have committed. sentence is proportionate to the crime that they have committed. example would be prison, life sentence, capital punishment

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3
Q

what does deterrence mean and whats an example

A

it is the idea that we make sure that criminals never commit crime in the first place, or stop re offending, because they are too fearful of the consequences
example would fines or prisons, mandatory custodial sentences for certain offences

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4
Q

what does rehabilitation mean and whats an example

A

the ideas that we make sure that criminals are reformed by their punishment so that they change their way sand simply do not want to commit crime anymore. an example of this would be community order, education programmed in prisons

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5
Q

what does incapacitation mean and whats an example

A

the ideas that we literally restrict a criminals capability to commit crimes. when we catch a criminal, we limit their movement and thus stop them committing further crimes. an example would be prison, maximum security custodial sentences

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6
Q

what are the 6 key principles of retribution

A
  • revenge
  • justice
  • proportionality
  • compensation (physical sense as the victim is compensated for their experience)
  • a public display of our moral outrage
  • setting an example for the rest of society
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7
Q

how do the key principles of retribution carry out in society

A

Retribution carries out these principles as the idea of revenge means that the offender will get what they deserve and the punishment will be proportionate to the severity of the crime that has been committed. it shows justice as the victim will get justice as the offender will have to serve a punishment as a result.

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8
Q

What types of crime normally use retribution as a form of punishment?

A

serious crimes such as murder, terrorism , state or war crimes

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9
Q

what are four limitations of using retribution based punishment

A
  • minimum mandatory sentences can sometimes not take into consideration the context of the offence, means you cannot go lower than the minimum no matter what.
  • proportionality and a sense of justice is subjective
  • this is an outdated view of punishment which is based on revenge , not compassion
  • focus on revenge leads to enthusiastic wrongful convictions
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10
Q

what 2 sociological theories links with retribution

A

functionalism and right realism

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11
Q

how does functionalism link with retribution

A

They believe that crime brings society together in the form of social cohesion. Crime is functional for society, it is something that we need in order for society to function, it re-enforces social boundaries, if crime is functional so is the criminal justice system/ punishment. punishment is needed to reinforce social boundaries, to act as a deterrent to the rest of society, ensure criminals are punished appropriately, using punishment as a deterrent.

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12
Q

how does right realism link with retribution

A

This type of punishment can be seen as harsh and therefore it can act as a deterrent in order to stop other people committing similar offences due to the harsh punishments. crime is a rational choice, it is a lack of social boundaries/ control that leads to crime. there is a lack of effective socialisation. they blame the under class. they will support retribution as it will teach those people right from wrong, it will give people social boundaries and social control (internal social control), due to them thinking crime is a choice they don’t believe in rehabilitation, they think people should be punished proportionately - you should pay for the crimes that you committed

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13
Q

what are the 5 key principles of deterrence

A
  • crime is a rational choice
  • crime prevention
  • setting an example
  • fear of severity
  • fear of certainty
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14
Q

what does general deterrence mean

A

refers to the general aim of convincing the public not to commit crimes. linking retribution- if you make a public display of offenders being punished you will set an example that convinces the rest of the population to obey the law

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15
Q

what does individual deterrence mean

A

refers to the specific punishments you give to someone to stop them re-offending. if you make the punishment such as an unpleasant experience, you will convince the offender to offend again.

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16
Q

What types of crime normally use deterrence as a form of punishment?

A
  • theft and robbery
  • drug possession or selling
  • possession of weapons
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17
Q

what are 4 limitations of deterrence

A
  • assumes crime is a rational choice
  • re offending (recidivism) rates are high. 2017 stats showed a recidivism rate of 29% for all sentences. juvenile recidivism rates are even higher at 39%. 63% of people who served custodial sentences of less than 12 months offended again within the year
  • we can’t tell that the reason why people don’t offend is because of the deterrence
  • the general public don’t really know what the punishments are for the offences
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18
Q

what are the 2 sociological theories that deterrence links to

A

right realism and social learning theory

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19
Q

how does right realism link with deterrence

A

crime is a rational choice, they lack will power and self control. ineffective socialisation means that there is a lack of internal social control. Punishment should deter people from making the choice to commit crime in the first place, as there is a tough approach. They believe that if you punish the offender with tough measures this will be a deterrent as it is a tough measure and it will reduce the crime.

20
Q

how does social learning theory link with deterrence

A

ideas that behaviour is learnt through watching others and imitating that behaviour e.g parents. vicarious reinforcement is watching others receive punishments/ sanctions deter us as we don’t want the same. if people see harsher sentencing they are less likely to commit the crime

21
Q

what are 3 key principles of rehabilitation

A
  • free will and they can change
  • compassion and empathy
  • understanding the structural reasons for crime
22
Q

what are 3 examples of rehabilitation programmes in prison

A
  • education and training programmes
  • anger management courses
  • drug treatment and testing orders
23
Q

what crimes is rehabilitation used for

A
  • drug offences
  • theft and robbery
  • possession of weapons
  • assault
  • fraud
24
Q

what are 4 limitations of rehabilitation

A
  • re offending (recidivism) rates are high. 2017 stats showed a recidivism rate of 29% for all sentences. juvenile recidivism rates are even higher at 39%. 63% of people who served custodial sentences of less than 12 months offended again within the year
  • can lead to the early release of offenders who commit very serious crimes - we had them incapacitated but them we let them continue to offend
  • expensive- takes a lot of resources
  • re integrative or disintegrative shaming; do offenders deserve the support of the community
25
Q

what 2 sociological theories does rehabilitation link to

A
  • left realism

- labelling theory

26
Q

how does rehabilitation link with left realism

A

believe crime is caused by marginalisation of lower classes and relative deprivation. people turn to crime out of necessity or because society has not provided for them (lack of opportunity). social order will come from a fairer more equal society. criminals should be given the opportunity to be rehabilitated and we should focus more on the causes of crime at a structural level and solve these

27
Q

how does labelling theory link with left realism

A

believe crime is socially constructed. We create labels for certain acts and certain people. This can lead to a self fulfilling prophecy. People commit crime because they think it is expected of them, live up to the label. rehabilitation allows for the removal of labels and reintegration into society, rather than shaming criminals and leaving them with this label for the rest of their life.

28
Q

what are the 4 key principles with Incapacitation

A
  • protecting the public
  • restricting of freedom, liberty and agency
  • removal of rights
  • instrumental, rational thinking
29
Q

what are examples of incapacitating offender throughout the years

A
  • cutting of people hands for theft
  • castration for sex offenders
  • prison
  • capital punishment
  • transportation
  • travel bans
30
Q

What types of crime normally use incapacitation as a form of punishment?

A
  • murder
  • sexual offences
  • assault
  • repeat offences
31
Q

what are 5 limitations of incapacitating offenders

A
  • it costs £30,000-£40,000 to keep someone in prison for a year- currently have a prison population of 80,000
  • costs the government somewhere between £2.5-4 billion a year to keep prisons going
  • can lead to privatisation of prisons and mass incarceration
  • it assumes that the past dictates your future- no capacity for change
  • it does not address the causes of crime- it is purely instrumental
32
Q

what sociological theories does incapacitation link to

A

biological theories and right realism

33
Q

how does biological theories link to incapacitation

A

lombroso
-criminals can be identified by their physical features/ facial features/ atavistic features

sheldon
-mesomorphs are more likely to commit crimes

xyy

-gives you increased aggression due to the extra Y
can’t rehabilitate due to their behaviour being biological. the only punishment they would support would be incapacitation as they think crime is biological and cannot be changed. they don’t agree that deterrents work. they think the only way to stop crime is the removal of that person from society.

34
Q

how does right realism link to incapacitation

A

tough approach to crime. the underclass are responsible for crime, due to them being lazy, work shy. there has been a lack of effective socialisation. they don’t understand right and wrong. they argue that that the underclass have a lack of social control. crime is a rational choice. combination of biological and social factors that cause crime. weak punishments lead to a criminal mindset. they support incapacitation because they believe in individual responsibility so they should be punished. they believe that the punishment itself teaches self control and the difference between right and wrong

35
Q

what are 2 forms of punishment

A
  • imprisonment

- community sentences

36
Q

Which aims of punishment use imprisonment as a form of punishment

A
  • retribution
  • incapacitation
  • deterrence
  • rehabilitation
37
Q

how does retribution in prison meet the aims of punishment

A

take away the individual’s liberty, living conditions aren’t great. the sentence length, how long is served and the conditions of a prison make it difficult to determine whether the punishment fits the crime. hard to measure proportionality because every sentence is so bespoke. organisations such as the prison reform test have done activism for years trying to improve the conditions people in, in prison. The average sentence for an indictable offence is 58 months. the sentence length, how long is served and the conditions of a prison make it difficult to determine whether the punishment fits the crime. The average time served in prison for life sentence in the UK is just 17 years.

38
Q

how does deterrence in prison meet the aims of punishment

A

For the majority of the population, the threat of going to prison and the ramifications of being convicted of a crime acts as a major deterrent against committing crime. horror stories about the living conditions and brutal sub cultural norms of prison life is enough to scare most people into law abiding. re offending rates who served a prison sentence is above 50%. as an individual deterrence it isn’t doing that well because the re offending rates are quite high. This might be because there are not the opportunity ones they got out, this might be because they have a criminal record no one wants to hire them. prisons only work as an effective deterrent if people are rational thinking when they commit crime and are actually scared about prison life. It is obvious that prisons do not do their job effectively enough. recidivism rates are high, 48% of all prisoners offend within a year. 63% of people who served custodial sentences of less than 12 months offended again within the year (2017). 5616 were recalled to prison for breaking license conditions in 2018.

39
Q

how does rehabilitation in prison meet the aims of punishment

A

prisons will offer several programmes to help rehabilitate offenders. all prisons offer a range of schemes and programmes to help rehabilitate offenders and give them the opportunity to reintegrate into society in a meaningful way; educational programmes, jobs in prison, day release for work and training, counselling and anger management programmes, drug and alcohol addiction rehabilitation. if rehabilitation was effective the re offending rates will decrease. there are reasons for this. for example; too short a sentence- the average custodial sentence is 16.5 months. if you are in prison for less than a year- how can you be rehabilitated. despite saying we have education and training opportunities in prison, the reality is most prisons don’t have the resources to offer them enough of their prisoners. just 0.5% of prisoners get the opportunity for fay release training each month. Despite saying we have counselling , anger management and drug rehab programmes in prison, very few prisons have the resources to offer these to the number of prisoners who need them so that they can come to terms with the underlying causes for their criminality.

40
Q

how does incapacitation in prison meet the aims of punishment

A

Prison is an effective way of incapacitating an offender, it can at times be used to literally incarcerate to protect the public, in theory putting people in prison gets them away from the public, and while under such strict surveillance, prisoners are prevented from committing more crimes. a lengthy mandatory, discretionary and indeterminate sentence gives the courts the power to keep people off the streets. Some people call prisoners a university of crime; this is because there are gangs in prison, radicalisation in prison is a growing problem, drug dealing and use is getting worse (10.6% of random drug tests were positive in 2017/18).

41
Q

What types of offences are community sentences normally used to punish?

A

for minor crime, but not so minor that a fine or discharge will suffice e.g assault, benefit fraud, vandalism

42
Q

Which aims of punishment use community sentences as a form of punishment

A
  • retribution
  • rehabilitation
  • incapacitation
43
Q

how does retribution in community sentences meet the aims of punishment

A

it does take away elements of your freedom. it is visible out in the open. have to wear a high vis vest

44
Q

how does rehabilitation in community sentences meet the aims of punishment

A

you are forced into unpaid work and have to meet curfews and possibly have restrictions on where you can go. Community sentences offer opportunities for anger management and drug and alcohol addiction rehabilitation, as well as training for future job prospects.recidivism rates from community sentences are lower than imprisonment (34% within a year). offenders with over 50 previous convictions are 33% more likely to re offend in a year if they go to prison instead of community payback. also unlike a prison there is less likely a chances that an offender will get involved in the ‘university of crime’. however as of 2017 just 8% of offenders receive a community order

45
Q

how does incapacitation in community sentences meet the aims of punishment

A

provides a form as it physically removes your ability to commit crime if your tag prevents you from going out at certain times or being banned from going into certain places/ towns

CRIMINOLOGY TEST (7 decks)

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