Unit 4 A.C. 2.2- Discuss the Aims of Punishment
Reparation- making good the harm caused by crime
Retribution- expressing society's outrage at crime
Rehabilitation- making offenders change their behaviour
Deterrence- discouraging future offending
Public protection/ incapacitation- from offenders
based on the idea that offender deserves punishment, which is seen as a display of public revulsion for offence and expression of moral outrage
contains elements of revenge 'an eye for an eye, a tooth for a tooth, a life for a life'
doesn't seek to alter future behaviour, inflicts punishment in proportion with offence- backwards looking (looks in past to determine present)
supported by the Sentencing Council that provides guidelines for courts on range of appropriate punishments that are available- should be proportionate to harm done- it must fit the crime; Coroners and Justice Act 2009 states that court must follow guidelines unless it's against the interest of justice to do so;
punishments containing retribution include mandatory life sentences for murder and increased punishment (uplift- reflects societies greater outrage at offence) for crimes with hate motive
Right realism- according to rational choice theory, offenders are rational actors who consciously commit crime-> fully responsible for actions as they weight up benefits against costs- offenders must suffer outrage of society
ensures defendant in being punished to suitable level without consideration for reasoning behind crime/ prevention of future offending
offender's social bonds week-> poor economic background where offender unable to control criminal urges-> need for punishment to prevent crime
Functionalism- moral outrage that retribution expresses performs function of boundary maintenance
punishing offender reminds everyone difference between right/ wrong, bringing society closer together as a result
punishment should reform/ change offenders to no longer offend and live a crime-free life; doesn't focus on punishing but on various treatment programs to change offender's future behaviour addressing issues leading to offending- forward looking
aim of rehabilitation through community sentences; probation orders often include requirements for attendance of addiction programs/ education/ training courses
policies include: education+ training programs- leading to employment on release; anger management courses- for violent offenders to learn to deal with anger; drug treatment and testing orders+ treat alcohol dependence
generally labour intensive for offender+ people providing support- anger management programs work if offender is willing to change behaviour
Individualistic theories- Eysenck's personality theory favors use of aversion therapy to deter offending behaviour; Skinner's operant conditioning theory supports use of token economies to encourage appropriate behaviour; Cognitive theories favour CBT to teach offenders to manage anger, correct thinking errors/ biases leading to aggressive/ criminal behaviour
Sociological theories- Left realism favors this as it helps overcome factors as unemployment/ poverty/ poor educational opportunities as cause of crime; reducing these issues help reduce reoffending
put someone off doing something; fear of being caught/ punished deters some people from committing crime
punishment imposed on offenders to deter/ prevent from committing further crimes; can convince offender it's not worth repeating experience if sentence is tough enough- offender won't want to go back
UK in 1980s introduced new tough system in juvenile detention centers as a 'short, sharp shock' to deter young offenders- US military style boot camps introduced
individual deterrence affects individual offender from reoffending
general deterrence- fear of punishment preventing others from committing similar crimes; example of individual offender has general effect+ teaches other a lesson; relies on media to report costs of offending; general deterrence affects the would be offender
if there is little chance of being caught/ convicted= severe punishment not deterrent; if offender likely to be caught, relatively mind punishment can be an effective deterrent
Right realism- suggests decision to commit crime is result of cost/ benefit analysis; sever punishments and high chance of getting caught deters offending; situational crime prevention strategies also act as a deterrent
Social learning theory- explains general deterrence; seeing someone else being punished deters the would be offender
incapacitation- punishment protects public from further offending by removing physical capacity of offenders= long prison sentence
execution of offenders, cutting off hands, chemical castration, banishment, foreign travel bans, curfews and electronic tags, driving disqualification
taking offenders out of circulation prevents from committing further crimes against public; incapacitation for public protection influence sentencing laws- Crime Sentences ACT 1997 introduced mandatory min jail sentences for repeat offenders
Criminal Justice Act 2003 introduces 'imprisonment for public protection'(IPP)- allowed courts give indeterminate sentences to dangerous offender who committed certain serious violent/ sexual crimes
Biological theories- Lombroso believe criminals are biologically different from non criminals, not possible to change/ rehabilitate them-> exile criminals away form public; chemical/ surgical castration used to incapacitate sex offenders
Right realists- incapacitation protects public from crime, small number of persistent offenders responsible for majority of crime-> giving them long prison sentences= reduce crime rate; as social constraints on behaviour are weak-> stricter social control in form of imprisonment helps to achieve this
involves offender making amend for wrong done to victim/ society; compensate victim of crime by paying sum of money; includes making reparation to society by doing unpaid work in community= Community Payback
Restorative justice schemes bring offender and victims together so offender recognises wrongfulness of actions and makes direct reparation; can include letter apology/ repairing damage caused/ meeting face 2 face- through a mediator- allows victim to explain impact crime had and offender to express remorse/ seek forgiveness; can help bring closure to victim and reintegrate offender in society
Left realist- punishment provides practical measures to reduce crime and produce long-term change to a more equal/ caring society
Labelling- favors RJ as reintegrating offenders into mainstream society by enabling them show remorse/ see damage first hand that their actions cause-> prevents them from being pushed into secondary deviance
Functionalism- argues that RJ is essential for smooth functioning of complex societies; allows thing to be put back to how they were before crime was committed
Denunciation- consists of reinforcing rules, including moral/ ethical ideas; links to theory of functionalism showing that crime serves purpose; punishments offer opportunity for boundary maintenance allowing society to come together and show disapproval