AC2.2 Discuss the Aims of Punishment

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Aims of sentencing
s 42 of the CJA 2003 state that they are:
Retribution
Rehabilitation
Deterrence
Protection of the Public
Reparation
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Retribution
- Offender deserves punishment
- Display of public revulsion for the offence
- Contains an element of revenge (society and victim avenged for the wrong done) ( death penalty, eye for an eye)
- Does not seek to alter future behaviour, merely to inflict pun
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Retribution - Theory
Right Realism - fitting method of punishment. Ensures the D is being punished to an appropriate level without:
- consideration of the reasoning behind the crime - OR prevention of future offending
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Rehabilitation
- Reform offenders and reintroduce them into society
- Aiming to alter an offenders mindset to prevent reoffending in the future
- Presumes criminal behaviour is a result of free will and rational choice
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Rehab Example
-Community sentences could involve unpaid work or completion of an education course, and treatment for addictions such as alcohol or drugs. This may aid rehab
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Rehab - Theory
Individualistic theories of criminality would support rehabilitation. Behaviour modification treatment such as anger management cources focus on techniques to extinguish undesirable behaviours and promote desirable ones
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Individual Deterrence
- Ensure that the offender does not reoffend
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Individual Deterrence example
-Suspended sentences - the term of imprisonment will only activate if further offending occurs . No reoffending = offender will not go to prison
-Expectation that the impact of losing ur liberty will prevent future offending
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Individual deterrence theory
- Recidivism rates suggest that many prisoners are not deterred from committing crimes by the possibility of imprisonment
- SLT could account for criminality - prisons = universities of crime
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General Deterrence
- Prevent potential offenders from committing a crime
- However, impact of a sentence with a deterrent element is weakened since it only relates to someone else
- People are not always aware of the punishment that has been given unless its severe enough t
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General deterrence example
- Harsh punishments given during 2011 London Riot cases
- 23 year old man sentenced to 6 months for stealing a water bottle
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General deterrence Theory
Marxism - likely to view criminality and above punishments as inevitable due to the capitalist society.
The sentences given are a means to control the working class who are heavily policed compared to upper classes
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Reparation
- Compensating the victim of the crime, usually nu ordering the offender to pay compensation
- This concept also includes making reparation to society as a whole e.g. unpaid work
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Reparation Examples
Increasing number of schemes that bring offenders and victims together so offenders can make direct reparation e.g. apology letter, talking face to face, repairing any damage caused.

This is known as restorative justice
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Reparation Theory
Left realism - reparation as a way of providing practical measures to reduce crime and produce a long term change to a more equal caring society
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Other cards in this set

Card 2

Front

- Offender deserves punishment
- Display of public revulsion for the offence
- Contains an element of revenge (society and victim avenged for the wrong done) ( death penalty, eye for an eye)
- Does not seek to alter future behaviour, merely to inflict pun

Back

Retribution

Card 3

Front

Right Realism - fitting method of punishment. Ensures the D is being punished to an appropriate level without:
- consideration of the reasoning behind the crime - OR prevention of future offending

Back

Preview of the back of card 3

Card 4

Front

- Reform offenders and reintroduce them into society
- Aiming to alter an offenders mindset to prevent reoffending in the future
- Presumes criminal behaviour is a result of free will and rational choice

Back

Preview of the back of card 4

Card 5

Front

-Community sentences could involve unpaid work or completion of an education course, and treatment for addictions such as alcohol or drugs. This may aid rehab

Back

Preview of the back of card 5
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