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Philosophy of Punishment (Chapter 2). Philosophy of Punishment. Philosophy of Punishment. 1 REDUCTIVISM (Crime control) vs 2 RETRIBUTIVISM (Retribution) (Just deserts) . Philosophy of Punishment. REDUCTIVISM (Crime control) via: a) DETERRENCE
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Philosophy of Punishment (Chapter 2)
Philosophy of Punishment 1REDUCTIVISM (Crime control) vs 2RETRIBUTIVISM (Retribution) (Just deserts)
Philosophy of Punishment • REDUCTIVISM (Crime control) via: a) DETERRENCE - Individual - General
Philosophy of Punishment • REDUCTIVISM (Crime control) via: b) INCAPACITATION
Philosophy of Punishment • REDUCTIVISM (Crime control) via: c) REFORM
Philosophy of Punishment Criminological Positivism = Determinism (No free will)
Aims of Punishment c) REFORM: ‘Collapse of the rehabilitative ideal’ ‘Nothing works’
Philosophy of Punishment • REDUCTIVISM (Crime control) via: d) DENUNCIATION
Utilitarianism Jeremy Bentham (1748-1832) ‘the greatest happiness of the greatest number’
Utilitarianism ‘Principle of Parsimony’
‘THE TARIFF’ • Long prison sentence • Short prison sentence • Suspended sentence • Intensive Community Sentence • Community Sentence • Fine • Discharge
Philosophy of Punishment • REDUCTIVISM 2 RETRIBUTIVISM 3 RESTORATION/ REPARATION
Philosophy of Punishment Limiting retributivism: Amount of punishment should be limited by ‘just deserts’
Criminal Justice Act 2003, s. 142: Purposes of Sentencing a)Punishment b) Reduction of crime (including deterrence) c) Reform d) Protection of public e) Reparation
Approaches to Punishment Exclusive: deterrence, incapacitation Inclusive: reform, restoration
Strategies A, B and C Strategy A: ‘Law and order ideology’ Harsh punishment Exclusive
Strategies A, B and C Strategy B: Managerial, bureaucratic Efficiency and cost-efficiency
Strategies A, B and C Strategy C: Mild punishment Human rights Inclusive