Unit4 2.2 Flashcards
What is the aims of sentencing
This is contained in the section 42 of the criminal justice act of 2003 which define the purpose of sentencing as…
1. The punishment of offenders
2. The reduction of crime (including by deterrnece)
3. The reform and rehabilitation of offenders
4. The protection of the public
5. The making of reparation by offenders to persons affected by their offences
Aims of punishment- retribution and what does it link to?
-This is based on the idea that offenders deserve punishment and this punishment can be seen as an act of public revulsion for the offence.
It also contains elements of revenge where those in society and the victim are being avenged for the wrong done.
-It provides a compensating measure of justice to someone who has committed murder but it doesn’t seek to alter future behaviour.
-It provides an appropriate punishment for justice for the victim and the offender
-and it is supported by the sentencing council which provides guidelines for the courts on the range of appropriate punishments that are available
-Can be expressed as a defendant getting their just desserts which defines justice in terms of fairness and proportionality
Right realist approach considered retribution as a fitting method of punishment as it insures the defendant is being punished to an appropriate level without consideration of the reasoning behind the crime or prevention of future offending
Aims of punishment- rehabilitation and what does it link to?
- aim is to reform offenders and reintroduce them into society
-unlike retribution its a forward looking aim with a hope that the offenders behaviour will be altered and they will not reoffend.
-its also known as reformation which aim presumes that criminal behaviour is a result of free will and rational choice - it believes criminals can change their behaviours
- the aim of rehabilitation can be found in community sentences.
- e.g. unpaid work, or probation orders, completion of a training course
Individualistic theories of criminality would support rehab as a name of punishment , for instance behaviour modifications treatment such as anger management courses focus on techniques to extinguish and desirable behaviours and promote desirable ones
Aim of punishment-deterrence and what does it link to?
It can either be individual in respect of the offender or general with regards to society as a whole
Individual -
-The aim of individual deterrence is to ensure the offender does not reoffend
-a suspended sentence is an example of this as the term of imprisonment will only activate if further offending occurs but if there’s no reoffending, the offender will not go to prison
This suggests the social learning theory could count for criminality as prisons are often classed as universities of crime so it may be that some offenders are learning how to commit more crime from fellow prisoners. The prevalent subculture such as the peer group is one of the main ways observational learning takes place.
General deterrence-
-aim of general deterrence is to prevent potential offenders from committing a crime
-However, often the impact of a sentence with a deterrent element is weakened by the fact that it relates to someone else
Marxists are likely to view criminality and the above punishments as inevitable given the capital to the society in which we live. The sentences given are a means to control the working class who are heavily in comparison to the upper classes.
Aim of punishment-public protection or incapacitation and what does it to?
-This is the idea that punishment must serve a useful purpose for society as a whole by protecting us from dangerous criminals
-Sometimes it’s referred as in capacitation as the offender is prevented from exercising their freedom
-a long prison sentence is an example of incapacitation
-a curfew order can be an example restricting when people can leave their homes
-Sometimes these are supported by electronic tagging which provides both incapacitation for the criminal and the protection for society
A right realist viewpoint may see the need to impose a sentence to protect the public as social constraints on behaviour are weak . Stricter social control is needed to reduce crime and punishment which restrict liberty and will help achieve this.
Aim of punishment-reparation and what does it link to?
-this often involves compensating the victim of the crime usually by ordering the offender to pay a sum of money to the victim
-This concept also includes making reparation to society as a whole such as doing unpaid work in the community for a community order
-There’s also an increasing number of schemes that bring offenders victims together so that offenders can make a direct reparation
-It can involve writing a letter of apology or repairing any damage caused or meeting face-to-face to discuss the issues. This is known as restorative justice.
The leftist approach may see such punishments as a way of providing practical measures to reduce crime and produce a long-term change to a more equal and caring society
Aims of punishment-denunciation and what does it link to?
-it helps to reinforce the moral and ethical codes or boundary maintenance
-these may have changed overtime to what is acceptable within society for example smoking cigarettes was once acceptable and even encouraged by the medical profession but it’s illegal in the workplace and in a vehicle with a passenger
Functionalist approach to criminality with social control as a means of achieving solidarity in society . The setting of boundaries of acceptability towards crime strengthens social cohension or the willingness of members of society to cooperate with one another.
In addition it could be argued that by labelling offenders as criminal it produces further crime as they start to view themselves as criminals . This could then lead to a self-fulfilling prophecy which means they start to internalise the label and start acting and behaving in a way that mirror the label.
What is retribution?
Aiming to punish an offender to the level that is deserved
What is rehabilitation?
Aiming to alter the offenders mindset so that future reoffending can be prevented
What is deterrence?
Aims to dissuade an offender or anyone in society from committing a crime through the fear of punishment
What is incapacitation?
Sentence of the court to provide further offending it could include a term of imprisonment
What is reparation?
Aiming to ensure the defendant pays back to the victim or society for the wrongdoing
What is denunciation?
Aim to show offenders that society disapproves of their behaviour and that it is an unacceptable conduct
