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AC 2.2: Discuss the aims of punishment
2/8/2023
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AC 2.2: Discuss the aims of punishment Retribution Rehabilitation Aim What this means Punishing the offender for their act-revenge. Punishment has to fit the crime- tariff system where there's fixed fines/sentences for certain crimes. Expressing moral outrage- society as a whole can condemn the offender, like raising the sentence for GBH from 5 to 7 years if it was racially motivated. Theory-links to Right Realism (rational choice theory) and functionalism (boundary maintenance). Criticisms- can be argued that offenders deserve a second chance and that fixed tariffs don't have a purpose for remorseful offenders. Punishment can reform and change offenders- to not reoffend. Rehabilitation policies- education/training programmes, anger management and drug treatment and testing orders. Support-offenders should have resources in prison so they can reintegrate into society. Theory- CBT, Eysenck's personality theory, Skinner's operant learning (token economy), individualism and left realism. Criticisms- right realists say programmes don't stop offenders from reoffending, and Marxists argue that programmes shift the responsibility for offending onto the individual instead of how capitalism causes crime. Deterrence Aim Public protection ● ● What this means Individual deterrence- punishments to stop individual offending, tough sentencing means people won't want to risk going back to jail. General deterrence- punishments to deter whole of society from offending, such as making an example out of individual offending. Severity vs Certainty- of the punishment. This means that even though the punishment for a burglary can be 3...
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Alternative transcript:
years jail, only 5% are caught- so it isn't a deterrence. Theory-right realism (rational choice theory, situational crime prevention), social learning theory. Criticisms- of all UK prisoners reoffend in a year, which suggests prison isn't a deterrence, and deterrence assumes offenders act rationally. Incapacitation-protecting the public by removing offender's opportunity to offend again. Incapacitation policies- execution, cutting thief's hands, chemically castrating sex offenders, banishing to Australia, foreign travel bans for hooligans, curfews/electric tagging. Imprisonment- is today's incapacitation, which has influenced sentencing laws like automatic life sentences for a 2nd serious sexual/violent crime. Theory- biological theories (Lombroso) and Right Realism Criticisms- incapacitation is containment/risk management so it does nothing to stop the causes of crime, 3 strike rules re-punish people for crimes they've committed. Aim Reparation What this means Making amends- to both/either the victim or society as a whole, fixing the material/social harm caused. ● Amending material harm- financial compensation for property, or through unpaid work (Community Payback). Amending social harm- restorative justice, where the offender recognises their wrongfulness and can meet with the victim to understand the impact of their actions, express remorse and reintegrate into society. Theory-labelling theory (favours restorative justice), functionalism (restitutive justice that puts things back to how they were before so society runs smoothly) Criticisms- reparation may not work for violent/sexual crimes, and some argue this method lets offenders off lightly.