ac2.2 aims of punishment

• aims of sentencing

  s42 of criminal justice act 2003

  1. punishment of offenders
  2. reduction of crime
  3. reform and rehab
  4. protection of public
  5. reparation to persons affected by offences
• retribution

  punishment

  • contains element of revenge e.g death penalty seen as 'an eye of an eye'
  • doesn't seek to alter behaviour, merely inflict punishment
  • provides justice to victims/defendant
  • expressed as defendants getting their 'just deserts'
  • links to right realism- ensures offender punished to appropriate level without considering reason behind crime
• just deserts


  expression meaning the punishment is appropriate to the crime committed
• rehabilitation


  aims to alter/reform offenders mindset so future offending is prevented

  used in community sentencing, probation

  e.g Drug Treatment and Testing Order- provides work on drug use

  links to individualists theories- behaviour modification
• probation order

  punishment from the court where you serve sentence in the community
• community sentence

  punishment from the court that involves activities in the community
• recidivism 


  tendency to reoffend
• deterrence


  aims to dissuade/stop offender or public from committing crime by using fear of punishment

  2 types - individual and general
• individual deterrence

  • ensures the offender does not reoffend
  • e.g suspended sentence- deters offender as if they commit another crime they face imprisonment
  • links to individualistic theories- behaviour modification
  • links to interactionism- may reoffend due to them already being labelled criminal by law
• general deterrence

  prevent potential offender from committing crime

  however, people are not always aware of punishments on certain crimes unless they are harsh crimes seen in media

  e.g 23 year old man jailed for 6 months due to stealing 3.50 water

  links to marxism- using fear of punishment is actually a means of control by CJS on the wc
• public protection/ incapacitation

  • idea that punishment must protect society from criminals
  • incapacitation- offender prevented from freedom

  e.g long prison sentences, electronic tags, curfew orders

  • links to right realism- stricter social control is needed to reduce crime
• denunciation


  society showing disapproval of the offenders behaviour

  reinforces what society feels unethical

  e.g name and shaming

  because of this parliament adapt policies based on public opinion

  links to labelling- offender labelled by society

  links to learning theories- individuals taught right and wrong in society