crim ac2.2 U4th

Retribution

Retribution

the punishment of offender to ‘pay back’ inflicting punishment as vengeance

Deterrence

punishment is used to deter individual offenders from committing crimes again

Rehabilitation

reforming offenders and reintroducing them into society

public protection

use of punishment to remove the offender’s physical capacity to offend again.

reparation

compensates the victim of crime, can be physical or financial

purpose of sentencing

Section 142 of the CJA 2003

‘Payback’ method of sentencing

retribution

offender gets their ‘just desserts’

Retribution

punishment should fit the crime and be proportionate to the harm done

retribution

Stanley ‘Tookie’ Williams

1. died from lethal injection on 13th December 2005
   2. convicted of 4 murders, 2 robberies and co-founded ‘crips’ the world dealist street gang.
   3. spent 2 decades of death row

2. nominated 4 times nobel peace prize

retribution and right realist

rational choice: retribution believe offenders act consciously through choice and are responsible for their actions.

retribution and functionalists

Durkheim believe that punishing offender remind society of the difference between right and wrong

criticism for retribution

1. fixed tariffs have no flexibility

2. no forgiveness for offender

3. doesn’t help prevent future offences

4. decisions on what punishment fits a crime is subjective

changing behaviour so people don’t re-offend

rehabilitation

assumes free will and rational choice - we can do something about our behaviour

rehabilitation

can be seen in community sentences, probation orders and in prisons such as drug treatment or anger management courses

rehabilitation

treatment and programmes aims

intended to help with problems that led them commit crime and stop from committing more crimes.

3 treatment programmes

1. addictions like drugs

2. mental health condition

3. new skill and qualification

British charitable service

The Forward Trust

they given out interventions in both communities and prisons to help people move forward with their lives

The Forward trust

charities for rehabilitation

The Forward Trust and Divert

programme which supports young adults through fulfilling their time with employment

Divert

1 advantage of the Divert programme

helps people get work that they are interested in

education and skills of rehabilitation

42% of prisoners were excluded from school meaning missing out on education .

current education in prison is inconsistent

left realism and rehabilitation

social factors such as poor education, unemployment and poverty causes crime.

skinner’s operant learning theory and rehabilitation

token economies to encourage and promote more acceptable behaviours

criticisms for rehabilitation

not enough effort, availability and funding into getting to the root cause of their criminality and addressing it

biggest use of incapacitation

prison

incapacitation in practice

offenders are taken out of society and so result in liability to commit further crimes.

mandatory minimum sentence for repeat offenders

crime (sentences) Act 1997

3 mandatory minimum sentences

1. minimum 7 years class A, drug trafficking offence

2. 3rd house burglary get automatic 3 years

3. automatic life sentence for serious offence

biological theories and public protection

lombroso argues criminals are biological different compared to the rest of society and cannot change them. banishment is perfect punishment

right realism and public protection

incapacitation is the perfect way to protect the public.

1 positive evaluation of public protection

protects the public

4 negative evaluation of public protection

1. mandatory minimum term for repeat offender is punishing previous convictions

2. doesn’t allow for the offender to rehabilitate

3. expensive and the prison population is at an all-time high

4. impact of miscarriages of justice

individual deterrence

many offenders are not deterred from further offending. prison has a poor record from reducing reoffending as 46% of adults are reconvicted within 1 year of release

severity versus certainty

however severe a punishment may be, it will not deter if there is little risk of people caught

4 criticisms of deterrence

1. punishment doesn’t stop reoffending

2. excessive punishment used

3. assumes the offender has knowledge of what the punishment will be caught

4. approach not always morally right

rational choice theory and deterrence

see individuals as rational people who can weigh up the cost benefits of committing crime and then decide whether to offend

social learning theory and deterrence

believe that if potential offenders see someone being punished for their offending behaviour, they will be less likely to copy

restorative justice

bring offender and victim together

criticisms of reparation

1. not appropriate for all crimes 2. some may think soft option

labelling theory and reparation

believe that restorative justice makes it possible to reintergreate offenders back into society allowing them to show their true remorse and prevents them from being punished into further crime

left realist and reparation

see punishment as a way of providing a practical approach to reduce crime and so produces a long-term change to develop a more equal society

functionalists and reparation

durkheim argues that it puts things back to the way the were before.