Punishment

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Flew 1954 proposed 5...
Essential features of punishment
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1. It must involve an...
An unpleasantness to the victim
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2. It must be for an...
Offence, actual or supposed
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3. It must be for a...
Offender, actual or supposed
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4. It must not be a..
Natural consequence of an action
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5. It must be imposed by a...
Authority or an institution against whose rules the offense has been committed
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6. Benn and Peters 1959 state that...
The pain or unpleasantness should be an essential part of the punishment and not merely a coincidental or accidental outcome
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What is the utilitarian view as to why we punish? (Mills, Bentham etc)
Deterrence, Reform and rehabilitation and Incapacitation (Looking forward)
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What is the retributivism view? (Looking backwards)
People deserve to be punished for their actions
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Which way does the Criminal Justice Act 2003 lean?
Towards the more utilitarian view but also includes elements of retributivism
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What does the Criminal Justice Act 2003 say the aims of sentencing are?
Punishment, Reduction of crime, Rehabilitation, Protection of the public and the making of reparation by offenders
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The forms of punishment adopted in society have...
Changed markedly over time
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During 16th to 18th century...
Punishment was typically public – designed to shame and deter, Emphasise on physical pain, Prisons were a place to hold offenders awaiting punishment
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During the 19th century...
Focus on prison as punishment, Reforming the offender, Move away from physical punishments
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During the 20th and 21st century...
Prisons became the dominant form of punishment across western society, Increasing prison populations, Other forms of modern punishment- Home detention curfew (HDC)
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Other cards in this set

Card 2

Front

1. It must involve an...

Back

An unpleasantness to the victim

Card 3

Front

2. It must be for an...

Back

Preview of the front of card 3

Card 4

Front

3. It must be for a...

Back

Preview of the front of card 4

Card 5

Front

4. It must not be a..

Back

Preview of the front of card 5
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