AC2.2

• retribution


  the idea that the offender is punished in respect of/proportion to the crime they have committed - punishment is a consequence
• just deserts theory


  suggests the core of punishment is the expression of blame or censure

  
  

  recognises that serving a sentence is an indication of the offence being accepted as wrong by society

  pain should be inflicted on the offender through deprivation or punishment
• right realism link to retribution


  right realists would propose that punishment is required because the offender is unable to control their criminal urges due to weak social bonds
• functionalism link to retribution


  Durkheim proposed that punishment expresses society's emotions of moral outrage and the purpose of punishment is to reinforce social norms
• criticisms of retribution


  ignores underlying issues that may have led an offender to commit crime. some require treatment rather than punishment and w/o it reoffending is likely

  
  

  the philosophy is outdated - as society's become more civilised they should outgrow the desire for revenge

  
  

  greater good may be achieved by pardoning a criminal - plea bargaining allows a reduced sentence to be granted if an offender admits their guilt
• deterrence


  a forward-thinking approach aimed at discouraging offending through fear
• individual deterrence


  punishment of the offender through suspended sentence or restraining order

  discourages them from further offending
• general deterrence


  regards society as a whole to prevent potential offenders

  eg. mandatory life sentence for murder
• SLT link to deterrence


  suggests offenders learn from others' mistakes through vicarious reinforcement which decreases the likelihood of them repeating behaviour they've seen be punished
• marxism link to deterrence

  marxists view criminality as inevitable given the capitalist society in which we live in

  fines wouldn't deter the bourgeoisie as the sentences imposed are a means to control the working class
• Beccaria


  believed offending is is a rational choice and punishment should be limited to what will prevent crime

  
  

  the severity of punishment must be consistent and proportional to the crime committed
• criticisms of deterrence


  humans tend to adapt to threats overtime and in turn stop fearing them

  
  

  doesn't account for complex factors of why people commit crimes

  
  

  doesn't provide restitution to victims of crime, such as a mandatory prison sentence might
• rehabilitation


  process of reforming offenders and reintroducing them into society

  
  

  is a forward-looking approach that uses methods such as therapy and education to change offenders behaviour for the better

  eg. drug treatment order
• the rehabilitation of offenders act 1974


  this act allows people with spent convictions and cautions the right not to disclose them when applying to most jobs and buying insurance
• individualistic theories link to rehabilitation


  individualistic theories promote behaviour modification such as anger management courses and token economy to extinguish negative behaviour and promote positive behaviour
• criticisms of rehabilitation


  right realists argue that this only has limited success and many offenders go onto reoffend

  
  

  marxists criticise [term] programmes for shifting the responsibility of offending onto the individual's failings rather than focusing on how capitalism leads some people to offend
• reparation


  this aims to ensure that defendants make amends with the victim or society

  
  

  involves restorative justice as victims are given the chance to tell the offender the impact of their crime, ask fir an explanation, and be given an apology
• forms of reparation


  direct apology, letter, community order for unpaid work
• left realism link to reparation

  would see this as contributing to long-term change towards a more equal and caring society
• incapacitation


  depriving an offender of the ability to commit crimes through punishment that protects society from dangerous criminals
• examples of incapacitation


  prison, death penalty, chemical castration of sex offenders, electronic tag
• right realism link to incapacitation


  suggests a sentence is required to protect the public because social constraints on behaviour are weak therefore, stricter social control through restricting liberty is required to achieve this
• denunciation


  public condemnation