Retribution
based on the idea that the offender deserves punishment- it can be seen as a display of public revulsion for the offence and is an express of moral outrage. contains an element of revenge-“eye for an eye”. does not seek to alter future behaviour but merely to inflict punishment in proportion to the offence.
Retribution is supported by
Sentencing Council which provides guidelines for the courts on the range of appropriate punishments that are available.
Coroners and Justice Act 2009 states that a court must follow these guidelines unless it is against the interests of justice to do so. have aggravated factors to reflect societies greater outrage at the offence.
Right Realism and retribution
Belief that all criminals have undergone a rational choice, where they consciously chose to commit their crimes and are fully responsible for their actions by weighing both pros and cons regarding the crime. this punishment therefore, must fit the offence and the offender must suffer the outrage of society.
Functionalism and retribution
moral outrage that retribution expresses performs the function of boundary maintenance. punishing an offender reminds everyone of the difference between right and wrong and this brings society closer as a result.
rehabilitation
making offenders change their behaviour. Punishment should reform or change offenders so that they go on to live a crime free life. this doesn’t focus on punishing past offences, rather uses various treatment programmes to change the offenders future behaviour by addressing the issues that led to their offending. Unlike retribution, it is forward-looking.
Rehabilitation is supported by
community sentences. probation orders often include requirements for attendance of addiction programmes, education or training courses, all of which may aid rehabilitation.
-education and training programmes
-anger-management courses
-drug treatment and testing orders
Rehabilitation policies are generally labour intensive for the offender as well as the people providing the support.
Individualistic theories and rehabilitation
Skinner’s operant conditioning- supports the use of token economies to encourage appropriate behaviour.
Eyesink’s personality theory- favours the use of aversion therapy to deter offending behaviour
Cognitive theories- these favours CBT to teach offenders how to manage their anger and correct their thinking errors and biases that lead to aggressive or criminal behaviour.
Sociological theories and rehabilitation
Left Realism favours rehabilitation as it helps to overcome factors such as unemployment, poverty and poor educational opportunities as causes of crime. Reducing these issues will help reduce reoffending
Deterrence
to deter someone from doing something is to make the option less attractive. the fear of being caught and punished may deter some people from committing crime.
Individual deterrence
affects the individual offender from reoffending. conditional discharge or suspended sentence where individual may receive harsher punishments if they offend within sentence. Punishment may convince the offender that it is not worth repeating the experience and if the sentence is tough enough, offenders won’t want to go back to prison.
general deterrence
affects the would be offender meaning everyone. this is the fear of punishment that prevents offenders from committing similar crimes. Making an example of individual offender will have a general effect and teach everyone a lesson. Today, general deterrence relies on the media to report the costs of offending. examples: unduly harsh sentencing 2011 Riots.
Severity vs Certainty
if there is little chance of being caught and convicted, it will not act as a deterrent even if punishment is harsh. If offender is likely to be caught, then even a relatively mild punishment may serve as a deterrent.
mandatory 3 year sentence for 3rd burglary, but only about 5% of reported burglaries result in a successful conviction. may be a weak deterrent
Right Realism and deterrence
rational choice theory suggests that a decision to commit crime is is the result of cost vs benefit analysis. severe punishments and a high chance of getting caught should deter offenders.
Social learning theory and deterrence
explains general deterrence. seeing someone being punished should deter the would be offender
Public protection-incapacitation
punishments can protect the public from further offending by removing the physical capacity of offenders.
-execution
-chemical castration
-banishment
-cutting off hands
-foreign travel bans
-driving disqualifications
public protection- incarceration
By taking offenders out of circulation, it prevents them from committing further crimes against the public. influences sentencing laws- Sentencing Act 1997 sets out mandatory minimum life sentence for murder of 15 years.
Criminal Justice Act 2003 introduces “Imprisonment for Public Protection” (IPP). This allowed courts to give indeterminate sentences to a dangerous offender who has committed certain serious violent or sexual crimes
Biological theories and public protection
Lombrosso believed that criminals are biologically different to non-criminals. it is not possible to change or rehabilitate them. Lombrosso advised exiling criminals, away from the public. Chemical or surgical castration has been used to incapacitate sec offenders.
Right Realists and Public Protection
Incapacitation protects the public from crime. a small number of persistent offenders are responsible for the majority of crimes. incapacitating them would reduce the crime rate. as social constraints on behaviour are weak, stricter social control in the form of imprisonment will help to achieve this.
reparation and public protection
offender making amends for a wrong they have done, whether to an individual victim, society as a whole, or both.
reparation- financial compensation
if often involves compensating the victim of the crime, with the offender paying a sum of money to the victim.
reparation- unpaid work
it also includes making reparation to society as a whole, by doing, for example, unpaid work in the community such as removing graffiti as part of a community order. this is referred as community payback.
reparation- restorative justice
schemes bring offenders and victims together so the offender can recognise the wrongfulness of their actions and make direct reparation. it can include writing a letter of apology, repairing damage caused, or meeting face to face. this allows the victim to to explain the impact the crime has had, and the offender can express their remorse and seek forgiveness. RJ can help bring closure to the victim and reintegrate the offender back into society. (Forward looking)
left realism and reparation
see such punishments as a way of providing practical measures to reduce crime and produce long-term change to a more equal and caring society.
labelling and reparation
favours RJ as a way of reintegration offenders into a mainstream society by enabling them to show remorse and see the damage first hand what their actions have caused. this prevents them from being pushed into secondary deviance.
