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A.C.2.2: What are the aims of punishment? - Coggle Diagram
A.C.2.2:
What are the aims of punishment?
Retribution:
Example
Hate crimes such as racially aggravated offences carry an “uplift” or higher tariff sentence. For example, the maximum penalty for grievous bodily harm is 5 years’ imprisonment, but this can be increased to 7 years’ if it is proven to be racially motivated. The uplift reflects society’s greater outrage at the offence.
Proportionality
Punishment should be equal or proportionate to the harm done, as in the idea of “eye for an eye, life for a life”. This is why some people argue that murderers should suffer the death penalty.
The idea of proportionality leads to a “tariff” system or fixed scale of mandatory (compulsory) penalties for different offences: e.g. jail sentence for armed robbery, fine for speeding, etc.
Theory
Right realism
Offenders are rational actors who consciously choose to commit their crimes and are fully responsible for their actions. They must therefore suffer the outrage of society for what they have chosen to do.
Functionalism
(Durkheim)
The moral outrage that retribution expresses performs the function of boundary maintenance. Punishing the offender reminds everyone else of the difference between right and wrong.
"Just deserts"
Offenders deserve to be punished and society is morally entitled to take its revenge. The offender should be made to suffer for having breached society’s moral code.
Criticisms
It can be argued that offenders deserve forgiveness, mercy or a chance to make amends, not just punishment.
If there is a fixed tariff of penalties, punishment has to be inflicted even where no good is going to come of it, e.g. on a remorseful offender who will commit no further crimes.
What is a fair punishment, or “just desert”? People disagree about which crimes are more serious than others.
Involves inflicting punishment on an offender as vengeance for a wrong or criminal act.
Expressing moral outrage
Retribution is simply a way for society to express its moral condemnation or outrage at the offender. Punishment is morally good in itself, regardless of whether it changes the offender’s future behaviour. It is a justification for punishing crimes already committed, not a way of preventing future ones.