2.2

• Whats retribution?


  expressing society's outrage of a crime
• Whats rehabilitation?


  making offenders change their behaviour
• Whats deterrence?


  discouraging future offending
• Whats public protection?


  Protect society from crime
• Whats reparation?


  Making good the harm caused by crime
• Whats retribution based on?

  The idea that criminals should get their "just desserts", they deserve to be punished and society is morally entitled to take its revenge.
• Whats proportionality?


  The idea that the severity of the punishment should be equal to the harm caused to others. This is based on "an eye for an eye, a tooth for a tooth". This is why people argue that murderers should face the death penalty. This lead to a tariff system or a fixed scale of mandatory penalties for each crime.
• Whats the purpose of retribution?

  For society to express their moral outrage
• Example of moral outrage lifting the severity of sentences?

  Hate crimes uplift tariff sentences to express moral outrage
• What theories does retribution link to?

  1. Right realism - rational choice theory
  2. Functionalism
• How does retribution link to rational choice theory?

  Retribution assumes the offender was aware of the consequences of the crime and so therefore deserves the punishment. This makes them fully responsible for their actions.
• How does retribution link to functionalism?

  Durkheim theorised that moral outrage reminds society of social norms, reinstating boundary maintenance. It also encourages social cohesion.
• What are the criticisms of retribution?

  1. The offender may deserve forgiveness
  2. The offender may be remorseful and not required a fixed penalty
  3. Hard to decide whether a penalty is proportionate to the crime
• Whats the aim of rehabilitation?

  Punishment can reform or change an individual, allowing them to live a crime free life.
• What do rehabilitation policies include?

  1. Education and training programmes
  2. Anger management courses
  3. Drug treatment and testing orders
  4. Support and resources
• What individualistic theories do rehabilitation link to?

  1. cognitive - teach offenders to correct thinking errors
  2. eysencks - aversion therapy deters crome
  3. Skinners - token economies and IEPs control behaviour
• What sociological theories do rehabilitation link to?

  Left realism - helps the causes of crime (unemployment, poverty, poor education)
• What are the criticisms of rehabilitation?

  1. Right realists - it has limited success as many offenders continue to reoffend
  2. Marxists - shifts responsibility onto offenders failings, not the capitalism
• What are the two forms of deterrence?

  1. Individual
  2. General
• Whats individual deterrence?


  Punishment deters the individual offender from reoffending through the lack of freedom and unfavourable conditions. This prevents them from committing the crime again.
• Whats "Prison Works"?


  The idea that prison can be successful in deterring offenders, but only worked with tougher sentences. In the 1980s Margaret Thatcher introduced a new type of harsh prison sentences in Juvenile detention centres which provided a "short, sharp shock" to deter young offenders. The US introduced similar military bootcamps for the same aim.
• Whats general deterrence?


  Aims to deter society from breaking the law. If society witness or hear the punishment offenders receive for particular crimes, they'll be deterred since they won't want to experience this either. In the past, public punishments such as execution, flogging and stocks in order to generally deter crime.
• Why is it important to distinguish between the severity of a crime vs the certainty?

  If they're little chance of being caught and convicted, despite the severity of the punishment, it'll still occur. If the likelihood of being caught is high, but low punishment, it'll still occur. So there needs to be a balance.
• What theories do deterrence link to?

  1. Right realism (prevents crime) - rational choice theory/ situational crime prevention
  2. Social learning theory - crime is punished so they're less likely to imitate.
• What are the criticisms of deterrence?

  1. Little evidence that 'short, sharp shocks' work
  2. Half the prisoners reoffend within a year
  3. Hard to know what punishment severity deters
  4. Assumes offenders are rational or know what the punishments are
  5. Those who see the law as unjust are unlikely to be deterred
• Whats the aim on incapacitation?


  Protect the public from further offending by removing the offenders physical capacity to offend.
• What are the examples of incapacitation policies?

  1. Execution
  2. Cutting off their hands
  3. Chemical castration
  4. Banishment (Australia, early 19th century)
  5. Foreign travel bans
  6. Curfews and electronic tagging
• Whats the main means of incapacitation in our modern society?


  Imprisonment
• What law has incapacitation influenced?

  Crime (Sentences) Act 1997 - mandatory minimun jail sentences for repeat offenders.

  1. Automatic life sentence for second serious sexual/ violent crime
  2. Seven years minimum for third class A drug trafficking offence
  3. Three years minimum for third domestic burglary conviction
• What law introduced the 'imprisonment for public protection' (IPP)?

  Criminal Justice Act 2003, allowed indeterminate sentences for offenders considered dangerous
• What incapacitation law was introduced in the US in the 1990s?

  'three strikes and you're out' - long term prison sentence for a third offence
• What biological theories link to incapacitation?

  Lombroso - criminals are biologically different from the rest of the population so they're not possible to rehabilitate. Chemical castration can also prevent sex offenders for commiting more crimes.
• How does right realism link to incapacitation?

  Protects the public from the crimes as they believe a small number of persistent offenders are responsible. So, incapacitating then can reduce the crime rate.
• What are the criticisms of incapacitation?

  1. leads to longer sentences, increasing prison population and costs
  2. doesn't deal with the causes of crime
  3. 'three strikes and you're out' re punished previous crimes
  4. Unjust, the law assumes they'll commit more crimes in the future
• What does reparation involve?


  Making amends for a wrong someone has done. This could be do the victim, or society. The harm can be material or social.

  1. financial compensation - the offender can pay the victim to repair the damage caused
  2. unpaid work - community payback (remove graffiti, litter pick)
• Whats restorative justice?


  The offender makes amends for the social damage caused the the crime. The offender must recognise they wrongfulness of their actions. A mediator can assist in bringing the offender and victim together. The victim can explain the impact of the crime and the offender can appreciate this and express remorse and seek forgiveness. This provides closure to both sides.
• What theories do reparation link to?

  1. Labelling - favours restorative justice as it re-integrates offenders back into society. The remorse prevents further deviance.
  2. Functionalism - durkheim argues that restorative justice can put things back to how they were before the crime was committed. Enabling a smooth functioning modern society
• What are the criticisms to restorative justice?

  1. may not work for all types of offences
  2. some believe this is too soft and not proportinate