Discuss retribution and rehabilitation as aims of punishment for offences such as driving while using a mobile phone (6 marks)
- 'just desserts', 'an eye for an eye' or 'let the punishment fit the crime'. For example where an offence has adversely affected the public, or when the public requires protection from the perils of drivers who use phones whilst driving, the offender may go to prison
- Retribution could be achieved by the increased prison sentence sought by the campaign group
- Retribution does not seek to alter future behaviour, merely to inflict punishment in proportion to the offence
- Retribution contains an element of revenge, in that society and the victim are being avenged for the wrong doing.
- Seeks to reform an offender and change their thinking. It is a forward-thinking punishment that aims to discourage an offender from reoffending.
- Also known as reformation, this aim presumes that criminal behaviour is a result of free will and rational choice. In other words, it is caused by factors that the defendant can actually do something about.
- A person does not need to use a mobile phone whilst driving and has the free will to avoid its use
- If an offender appreciates the dangers of driving while using a phone, they may cease such a behaviour
- Courses making a defendant aware of the dangers of this offence may be ordered by a court
- Links to individualistic theories of crime