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A2.2 - Discuss the aims of punishment - Coggle Diagram
A2.2 - Discuss the aims of punishment
Retribution
What is it?
An expression of society outrage at crime
Offenders should suffer for breaching the moral code of society
How does it work?
Punishment should fit the crime (an eye for an eye)
Punishment is good regardless of whether it changes the offenders behaviour
Example
Hate crime
Hate crime uplifts or higher a tariff sentence by another 2 years to express society's moral outrage
Theory
Right realism
Assumes that offenders make conscious decisions to commit crime and punishment is justified as they are responsible for breaking the moral code.
Evaluation
Offenders deserve forgiveness
By using fixed tariffs, discretion cannot be used
Disagreement on which crimes are more serious than others
Rehabilitation
What is it?
Making offenders change their criminal behaviour
How does it work?
Punishment helps to change offenders so they will go on to live a crime-free life
Treatment programmes are used instead of punishment to address underlying causes and issues
Example
Education and training programmes
This will improve employability to give offenders new skills t be able to earn an honest living on release and avoid reoffending
Theory
Left realism
Favours rehabilitation as it may present an opportunity to address social causes of crime, connected to poverty, unemployment and lack of education
Evaluation
Right realists argue that rehab still has high reoffending rates, despite offenders completing this program
Marxists believe that this approach blames criminality on the offender when it is actually due to capitalism
Reparation
What is it?
Makes good of the harm caused
by the crime
How does it work?
Involves the offender making
amends for the harm they have
caused
Example
Restoritive justice
The offender recognises the
impact their actions have on the
victim
The offender can express their
remorse and seek forgiveness in
order to reintegrate back into
society
Theory
Labelling theory
Allows the offenders to show remorse,
reintegrate and lose their criminal label
Evaluation
May not work with all types of offenders/offences
Too soft on the offender
Deterrence
What is it?
Discourages first time or future offending
How does it work?
Puts people off committing crime
The fear of being caught and punished may deter people from breaking the law
Individual and general
Example
Capital punishment
Very public executions were a way to show people the consequences of committing crime in order to deter them from doing so
Theory
Functionalism
Defines boundaries in society that we must not cross and shows people what will happen if we do so, has a purpose
Evaluation
Recidivism rates remain higher in states with the death penalty than without
Evidence shows catching criminals is more important than deterring others
Public protection / Incapacitation
What is it?
Takes criminals away from the physical capacity to offend again or harm the public
How does it work?
Imprisonment locks criminals up so they do not have the ability to commit crime whilst also keeping society safe
Example
Theives having their hands cut off
They then physically are incapable of committing theft again
Chemical castration
Sex offenders then do not have the urge to rape/sexually abuse again
Theory
Functionalism
Society needs to be kept safe from offenders and dangerous individual and incapacitations function does that
Evaluation
doesn't help the offender rehabilitate
Inhumane
Incapacitation has led to mass incarceration in the USA