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  • Created by: rachel
  • Created on: 18-05-13 12:19
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  • Incapacitation
    • In 1993 Michael Howard declared that prison works. The justification for this claim was linked to a belief that incapacitation was an effective response to escalating crime rates.
      • Interestingly and arguably in an attempt to gain support for the increased use of prison, he specifically identified violent offences that are not representative of the general prison population.
      • He  didn't base his belief on rehabilitation- but said it may deter offenders, and if it doesn't it would protect us from muggers, rapists and murderers
    • Stops them committing crime in the community - murder, drug dealing
      • High amounts of violence in prison - thus just moving the crime
        • Moving it to one place keeps it contained and is in an area with a high level of trained people. Still protecting the public
    • Less concerned with the cause of crime
      • Ford: prison separates the law breakers from the law abiding society
    • Excessive? Unequal punishment?
    • No assumptions about our ability to rehabilitate offenders
    • Hudson: general deterrence and individual rehabilitation is difficult - we should protect potential victims by rendering criminals physically harmless or by removing them from circulation
    • Based on the fact the state has a duty to protect
    • Death penalty is the most extreme, ultimate form of incapacitation.
      • Some countries use surgical castration of sex offenders - but this is a breach of the convention.
        • You can use drugs to bring down testosterone - "chemical castration"
          • Denmark have been using it as a "treatment" - it appears to be working but the scope of the study is small"
    • It's hard to identify the 'habitual' and 'persistent' offender. So how do we know who to give a longer sentence to, to protect society?
    • It's popular with contemporary politicians and therefore has played a  substantial role in the ever growing prison population in the UK


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