WJEC Criminology Unit 4 2.2

5 aims of punishment

Retribution, Rehabilitation, Deterrence, Public Protection, Reparations

Retribution

society demands a just punishment for the crime committed

Rehabilitation

reforms offender behaviour

Deterrence

discourages others and individuals from future offending

Public Protection

Protecting the public from the offenders

Reparations

Payment for the harm caused by the crime

Why does society punish those who have committed a crime?

To discipline, deter, reform, protect and repay

Just Desert - Retribution

Criminals deserve what they are given as punishments as they have gone against social morals

Proportionality - Retribution

punishment should fit the crime they commit

Supporting Theory - Retribution

Right Realist Theory, Rational Choice Theory

Rational Choice Link to Retribution

assumation of conscious decision to commit crime and therefore are fully responsible and must suffer consequences

Retribution Evaluation - Forgiveness

Offenders deserve forgiveness, mercy or a chance to make amends

Retribution Evaluation - does it get better?

punishment is still inflicted even if nothing good comes from it

Rehabilitation examples

education programmes, anger management courses, drug therapy and testing, support

Supporting Theory - Rehabilitation

Individualistic Theories

Individualistic Theories (rehab)

Cognitive, Eysenck Personality, Skinner Operant Learning, Sociological Theory

Rehabilitation Evaluation - Right Realism

only has limited success, in that many reoffend even after going through the programmes

Rehabilitation Evaluation - Marxists

rehabilitation programmes shift responsibility of offending to the individual rather than on how capitalism leads to crime

Individual Deterrence

punishment of the offender is presumed to keep that person from committing other crimes in the future

General Deterrence

punishment of criminals that is intended to be an example to the general public and to discourage offenses

Severity VS Certainty (deterrence)

however severe the punishment might be, if there is little chance of being caught and convicted, it will not likely deter other potential offenders

Supporting Theory - Deterrence

Right Realism theories such as rational choice, situational crime prevention strategies and social learning theory

Rational Choice Link to Deterrence

Individuals make their own decisions to commit crimes and therefore can be deterred from this

Situational Crime Prevention Strategies Link to Deterrence

Harder to commit an offence so acts as a deterrent

Social Learning Theory Link to Deterrence

Relevant to understanding general deterrence. IF would be offenders see a model being punished for offending they are less likely to imitate that behaviour

Deterrence Criticism - little evidence

bootcamps and sharp shocks do not reduce youth offending

Deterrence Criticism - reoffending rates

1/2 all prisoners reoffend in the first year of release

Deterrence Criticism - severity

How can we decide how severe a punishment needs to be before it is a deterrent?

Deterrence Criticism - consequences

assumes offenders know that their actions have consequences

Deterrence Criticism - rational choice

Crimes of passion are not rational

Public Protection - Imprisonment

Putting offenders away helps to keep them away from the public

Examples of public protection

Foreign travel bans, curfews, tagging, execution, chemical castration, incapacitation

Public Protection Supporting Theory

Biological Theories and Right Realism

Biological theory link to Public Protection

Lombrosso argues criminals are biologically different from the population, sometimes favours things such as chemical castration

Right Realism link to Public Protection

incapacitation is a way of protection against crime. Persistent offenders responsible for majority crimes significantly reduces rates

Public Protection Criticism - Incapacitation

incapacitation leads to longer sentences and LT warehousing of offenders with little hope of release. Leads to rising prison population and more costs

Public Protection Criticism - risk managment

Incapacitation does not deal with the causes of crime or to change offenders