Aims of imprisonment

What are the aims of punishment?

1. Deterrence

2. Incapacitation

3. Rehabilitation

4. Retribution

What are the three elements of deterrence?

1. Certainty

2. Severity

3. Swiftness

Certainty (Deterrence)

The likelihood that an offender will be caught and punished.

• Idea: People are less likely to commit crimes if they believe punishment to be inevitable

• The most effective form!

Severity (Deterrence)

The severity of the punishment (the likely penalty)

• Politicians love this!

  • Tough on crime

  • Shown to have actual little effect

Swiftness (Deterrence)

How quickly punishment follows the crime.

• The faster → The stronger the link between the act and its consequences

• Helps the offenders and the public connect the crime with the punishment

Deterrence can be both “general” and “specific”, explain!

General = Scaring the community as a whole from committing crimes

Specific = Aims to deter a specific individual from committing future crimes (like first you got 3 months, now you get 6)

Incapacitation (Def)

Physically preventing offenders from committing future crimes by restricting their freedom.

• Keeping offenders in prison also offers the community a sense of safety

What are some problems with incapacitation?

• Preventing or postponing?

• Crime still occur in prison

• Who is likely to reoffend and should therefore be put in prison?

Rehabilitation (def.)

Rehabilitating the offender so that they can return to society as law-abiding citizens.

• Aims to change behavior, attitudes and circumstances that leads to reoffending

• The idea: addressing the underlying sources of crime like addiction and trauma etc.

What are some problems with rehabilitation?

• Proportionality (the idea that punishment should be equal to the seriousness of the crime)

• Who decides when someone is “cured”?

• Risk of individualizing society’s failings

• Life sentences

• Can give the impression of crime being a “disease”

Retribution (def)

People who commit crimes deserve to be punished

• Offenders shall “pay their debt” to society/the victim

• Focuses on the act and not the actor