LO2: Understand the role of punishment in the criminal justice system. AC2.2 Discuss the aims of punishment.
Aim of DEFINITION/ KEY CONCEPT LINKING THEORIES…. CRITICISM
sentencing
Retribution - An expression of societies - Right Realism: RR suggest that criminals - Could be argued that defenders deserve
outrage commit acts through rational choice, suggesting forgiveness for their choices/ behaviours
- Seen as the oldest justification that offenders choose out of their own rather than just punishment
of punishment and can be responsibility to commit the acts they do – - There is often a disagreement to which
meaning they choose to commit crimes with a crimes are seen as more serious when
- The punishments which are mindset which is conscious of the potential compared to others: which may not lead to
provided should fit the crimes consequences. proportionate penalties
which have been committed (e.g. - Not only will they serve a punishment - It is not feasible to establish a satisfactory
eye for an eye, tooth for a tooth) consequence, but they will further be a victim scale of punishments for crimes
– leading to a system which to how society expresses their disapproval of - A criticism is that the people's desire of
ensures there is a fixed penalty the committed acts the offenders suffering makes the theory
for separate offences - If everyone becomes tougher on crime, cruel
then the amount of individuals who will want to - If there is a fixed sentence guideline
- The effect of this theory may be be criminal will drastically lower – as the established, it means that a punishment
to deter offender’s, but its main punishment will be much harsher needs to take place even when it doesn’t
purpose is for society to express lead to a good result
its moral outrage: punishment is - Functionalism: boundary maintenance can be - e.g. an offender who shows remorse
seen as morally good regardless formed through the outrage and anger that is and gratitude, who never goes on to
of whether it changes the expressed through the use of Retribution commit any further crimes
offender’s future behaviour, with - The punishment that the offender - There is no real understanding as to what
retribution justifying the undergoes provides a reminder for everyone is the correct punishment length for each
punishments for crimes already else in society as to what is seen as right and offence, as people disagree as to how
committed wrong separate crimes should be handled (in
terms of the sentence and sentence length)
, LO2: Understand the role of punishment in the criminal justice system. AC2.2 Discuss the aims of punishment.
Aim of DEFINITION/ KEY CONCEPT LINKING THEORIES…. CRITICISM
sentencing
Deterrence - The act of discouraging an action - Social Learning Theory: General - Works on the assumption of cost and benefit
through installing doubt or fear of the deterrence, people will see others analysis
consequences that could occur committing crimes and take that - not all criminal actions are rational
into account when weighing up the - Makes the judgement that crimes are
a) Certainty - the likelihood of being options. The idea of seeing the committed by the motivation of violent intentions
caught (no threat of punishment consequences for criminal actions - yet some crimes are committed out of the
if you'll never be caught). would persuade the individual to dire need for survival (e.g. the homeless may
b) Celerity - speed of the not act criminally commit theft in attempts to survive when living in
consequence (punishment of offences is poverty
more effective if it is immediately - Right Realism: - For deterrence to work effectively, it requires
afterwards than at a later date). - Situational Crime Prevention: one to commit a criminal act which can then be
c) Severity - of a punishment - a Target Hardening and CCTV act as used as an example to the rest of society
rational person may commit a deterrence - Doesn’t aim to reform those who have
crime when punishment is - Rational Choice Theory: previously offended, meaning it is only successful
insignificant even if it is swift, society is Proposes that there is a rational if people do not commit crimes or act on their
able to see and be aware of what is choice as to committing criminal impulses within the first place
acceptable activity. People carry out a cost - Makes the assumption that everyone knows the
and benefit analysis when deciding punishment for the offence
- Individual: The argument that ‘prison whether to offend or not. - Isn’t proven to work effectively
works’, the intention to stop the Therefore, if the sentence is higher - people may follow the law due to how there
offender re-offending with tough the costs are too high to decide to religion and belief sets it out to be
sentences commit crime - prison isn’t an effective deterrent; over ½ of
- General: Aimed at preventing others prisoners reoffend within the first year of release
of potentially committing crimes
Aim of DEFINITION/ KEY CONCEPT LINKING THEORIES…. CRITICISM
sentencing
Retribution - An expression of societies - Right Realism: RR suggest that criminals - Could be argued that defenders deserve
outrage commit acts through rational choice, suggesting forgiveness for their choices/ behaviours
- Seen as the oldest justification that offenders choose out of their own rather than just punishment
of punishment and can be responsibility to commit the acts they do – - There is often a disagreement to which
meaning they choose to commit crimes with a crimes are seen as more serious when
- The punishments which are mindset which is conscious of the potential compared to others: which may not lead to
provided should fit the crimes consequences. proportionate penalties
which have been committed (e.g. - Not only will they serve a punishment - It is not feasible to establish a satisfactory
eye for an eye, tooth for a tooth) consequence, but they will further be a victim scale of punishments for crimes
– leading to a system which to how society expresses their disapproval of - A criticism is that the people's desire of
ensures there is a fixed penalty the committed acts the offenders suffering makes the theory
for separate offences - If everyone becomes tougher on crime, cruel
then the amount of individuals who will want to - If there is a fixed sentence guideline
- The effect of this theory may be be criminal will drastically lower – as the established, it means that a punishment
to deter offender’s, but its main punishment will be much harsher needs to take place even when it doesn’t
purpose is for society to express lead to a good result
its moral outrage: punishment is - Functionalism: boundary maintenance can be - e.g. an offender who shows remorse
seen as morally good regardless formed through the outrage and anger that is and gratitude, who never goes on to
of whether it changes the expressed through the use of Retribution commit any further crimes
offender’s future behaviour, with - The punishment that the offender - There is no real understanding as to what
retribution justifying the undergoes provides a reminder for everyone is the correct punishment length for each
punishments for crimes already else in society as to what is seen as right and offence, as people disagree as to how
committed wrong separate crimes should be handled (in
terms of the sentence and sentence length)
, LO2: Understand the role of punishment in the criminal justice system. AC2.2 Discuss the aims of punishment.
Aim of DEFINITION/ KEY CONCEPT LINKING THEORIES…. CRITICISM
sentencing
Deterrence - The act of discouraging an action - Social Learning Theory: General - Works on the assumption of cost and benefit
through installing doubt or fear of the deterrence, people will see others analysis
consequences that could occur committing crimes and take that - not all criminal actions are rational
into account when weighing up the - Makes the judgement that crimes are
a) Certainty - the likelihood of being options. The idea of seeing the committed by the motivation of violent intentions
caught (no threat of punishment consequences for criminal actions - yet some crimes are committed out of the
if you'll never be caught). would persuade the individual to dire need for survival (e.g. the homeless may
b) Celerity - speed of the not act criminally commit theft in attempts to survive when living in
consequence (punishment of offences is poverty
more effective if it is immediately - Right Realism: - For deterrence to work effectively, it requires
afterwards than at a later date). - Situational Crime Prevention: one to commit a criminal act which can then be
c) Severity - of a punishment - a Target Hardening and CCTV act as used as an example to the rest of society
rational person may commit a deterrence - Doesn’t aim to reform those who have
crime when punishment is - Rational Choice Theory: previously offended, meaning it is only successful
insignificant even if it is swift, society is Proposes that there is a rational if people do not commit crimes or act on their
able to see and be aware of what is choice as to committing criminal impulses within the first place
acceptable activity. People carry out a cost - Makes the assumption that everyone knows the
and benefit analysis when deciding punishment for the offence
- Individual: The argument that ‘prison whether to offend or not. - Isn’t proven to work effectively
works’, the intention to stop the Therefore, if the sentence is higher - people may follow the law due to how there
offender re-offending with tough the costs are too high to decide to religion and belief sets it out to be
sentences commit crime - prison isn’t an effective deterrent; over ½ of
- General: Aimed at preventing others prisoners reoffend within the first year of release
of potentially committing crimes
