AC2.2

Discuss retribution + rehabilitation as aims of sentencing. (10).

-Introduction= Sentencing aims set out in Criminal Justice Act 2003. Key aims: retribution (punishment) + rehabilitation (reform).

Retribution:

-Offender punished because they deserve it (“just deserts”), focus on past offence. Ensures justice for victims + society. E.g. dangerous driving → sentences increased from 5 → 10 → 14 years.

-Evaluation= Satisfies public desire for justice, morally right, but doesn't reduce reoffending, may be seen as harsh.

Right realism supports proportional punishment.

Rehabilitation:

Aims to change offender behaviour + prevent reoffending, forward-looking. Treatment, education, training, e.g., community sentences, drug programs, anger management.

Evaluation= Tackles root causes, helps reintegration, but resource-intensive + relies on offender willingness.

-Individualistic theories – crime is learned behaviour that can be changed.

-Conclusion= Retribution punishes past crime; rehabilitation reforms for the future. Modern sentencing balances both aims depending on offence severity + offender needs.

Discuss how theories of criminology have influenced the aims of sentencing. (8).

-Rehabilitation= Individualistic theories: crime is behaviour that can be changed - use of community sentences, treatment programmes. E.g. anger management, drug treatment. Works for motivated offenders, but costly + not always effective.

-Retribution= Right realism: offenders responsible - harsher, proportional sentences. E.g. “just deserts” principle. Satisfies public demand for justice but doesn’t reduce reoffending.

-Deterrence= Social learning: crime is learned - sentences discourage reoffending. Marxism: inequality drives crime - general deterrence protects social order. Effective for rational offenders, less effective for impulsive or undetected crimes; may reinforce inequality if enforcement biased.

-Conclusion= Understanding theories helps balance behavioural change + societal expectations of justice.

Discuss retribution + rehabilitation as aims of punishment for offences such as driving while using a mobile telephone. (6).

Retribution= Punishment because offender deserves it (“just deserts”). Focus on past offence, not future behaviour. Protects public; fines, points, or imprisonment. Linked to right realist theories.

Rehabilitation= Aims to reform offender + prevent reoffending. Forward-looking; based on free will. Educational courses increase awareness + reduce future offending. Linked to individualistic theories (behaviour modification).

Briefly discuss rehabilitation as an aim of punishment. (4).

-Forward-looking aim to change offender’s behaviour + prevent reoffending.

-Focus on reformation, especially for young offenders.

-Involves community-based punishments (probation, awareness courses).

-Encourages responsibility + reform; controversial if seen as “rewarding” offenders.

Discuss deterrence as an aim of punishment.

-Aim= Prevent crime by making offending undesirable through threat of punishment.

-Individual deterrence: stop offender from reoffending.

-General deterrence: discourage wider public by showing consequences.

-Punishments: custodial sentences, fines, suspended sentences.

-Effective for rational offenders; less effective for impulsive offenders or if offenders believe they won’t be caught.

-Suggests deterrence works best alongside other aims (e.g., rehabilitation).

Discuss public protection as an aim of punishment

-Protects society from offenders who pose risk.

-Restricts offender’s ability to cause harm (incapacitation).

-Custodial sentences remove dangerous offenders.

-Community sentences, licence conditions, probation, electronic tagging also protect public.

-Effective for serious offenders, but protection temporary; works best alongside rehabilitation.

Discuss reparation as an aim of punishment.

-Seeks to repair harm caused by crime; focuses on victims + community.

-Offenders take responsibility (compensation orders, unpaid work).

-Recognises impact on victims; helps victims feel acknowledged.

-Encourages offender understanding, potentially reducing reoffending.

-Limited if offender cannot compensate; works best with other aims (rehabilitation/punishment).

Discuss deterrence + reparation as aims of punishment.

Deterrence:

-Prevent crime by making offending undesirable. Individual deterrence: stop offender reoffending. General deterrence: discourage wider public. Punishments: fines, custodial sentences, suspended sentences. Effective for rational offenders; less effective for impulsive offenders or if offenders believe they won’t be caught.

Reparation:

-Makes offender repair harm caused; compensates victims or benefits community. Encourages responsibility + understanding of impact. Includes unpaid work + works best alongside other aims like rehabilitation. Effective by helping victims feel acknowledged + can encourage offenders to understand the impact of their actions. But reparation may be limited if offenders cannot afford compensation, or if victims feel it's insufficient without further punishment.