Unit 4 Topic 4 - Punishment in Society Flashcards
Describe the aims of punishment
Retribution - offenders are punished in order to give us revenge
Deterrence – discourage offenders from criminal behaviour or prevent reoffending
Rehabilitation – reform offender’s behaviour
Incapacitation – remove criminals from society
Provide examples of how each aim of punishment is used
Retribution – life sentences
Deterrence – mandatory custodial sentences for certain offences
Rehabilitation – community orders
Incapacitation – maximum security custodial sentences
Provide examples of the types of crime each aim punishes
Retribution - Murder
Deterrence –Theft
Rehabilitation – Drug possession
Incapacitation – Sexual offences
Provide three limitations of Retribution
- Minimum mandatory sentences can sometimes not take into consideration the context of the offence - cannot go any lower than the minimum sentence
- Focus on revenge leads to enthusiastic wrongful convictions
- Disintegrative shaming – makes it hard for someone to be reintegrated into the community
Provide three limitations of Deterrence
- Recidivism rates are high. 2017 UK stats (gov.uk) showed 63% of people who served custodial sentences of less than 12 months offended again within the year
- Assumes rational thinking – this may not be true eg. crimes that are emotionally driven
- Doesn’t change people’s sense of morality as some hold different morals and values due to upbringing
Provide three limitations of Rehabilitation
- Recidivism rates are high. 2017 UK stats (gov.uk) showed a recidivism rate of 29% for all sentences.
- Can lead to early releases of offenders who commit very serious crimes - too compassionate
- Expensive – takes a lot of resources to do this
Provide three limitations of Incapacitation
- It costs on average £30 - £40,000 to keep someone in prison for a year – we currently have a prison population of 80,000
- It assumes that the past dictates your future – no capacity for change
- It does not address the causes of crime – it is purely instrumental
What sociological theory does Retribution link to?
Functionalism
Punishment reinforces what’s right and wrong and allows for social cohesion
What sociological theory does Deterrence link to?
Right Realism
Punishment is needed to deter people from making the choice to commit crime, or deter them from committing additional crime in the future
What sociological theory does Rehabilitation link to?
Left realism
Criminals should be given the opportunity to be rehabilitated as crime is caused by marginalisation of lower classes and relative deprivation
What sociological theory does Incapacitation link to?
Lombroso’s theory
They believe that crime is something biological that cannot be changed so the only way to protect society is to move them away from society
Describe Imprisonment as a form of punishment
Imprisonment is when an offender is sent to prison for committing a crime. It involves sentences such as a Determinate Sentence, Life Sentence, Indeterminate Sentence and Suspended Sentence
Explain which aims of punishment imprisonment tries to meet
Retribution, Deterrence, Rehabilitation, Incapacitation
Explain Imprisonment and Retribution
Prison takes away an individual’s liberty - they take away an individual’s sense of freedom and agency
However, a sentence length and the conditions of a prison make it difficult to determine whether the punishment fits the crime eg. the average time served in prison for a life sentence in UK is just 17 years. Average sentence for an indictable offence is 58 months
Explain Imprisonment and Deterrence
The threat of going to prison and the ramifications of being convicted of a crime acts as a general deterrent against committing crime
Prisons only work as an effective deterrent if people are:
Rational-thinking when they commit crimes
Actually scared about prison life