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The Purpose of Punishment

The Purpose of Punishment. The purpose of punishment. What does the word punishment mean to YOU? Mind-map your answers.

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The Purpose of Punishment

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  1. The Purpose of Punishment

  2. The purpose of punishment • What does the word punishment mean to YOU? Mind-map your answers. • Page 1 of your core notes on ‘The causes of crime and The Purposes of Punishment’ (green section) gives a definition of punishment and highlights the purpose of punishment from Hugo Lafollette’s experience. Discuss: • WHY ARE PEOPLE PUNISHED? • WHAT ARE THE REASONS BEHIND PUNISHMENT? • ARE SOME REASONS FOR PUNISHMENT MORALLY JUSTIFIABLE AND OTHERS NOT? (Think about the news recently. Was the Scottish Govt right to release the Lockerbie bomber?) • Note your group discussions in your jotter.

  3. Scotland in the news… • Lord Advocate Elish Angiolini QC has called for tougher sentences last week (8/9/09). • She argues that current sentencing for murder is inadequate and making our being seen by assailants as a ‘cheap commodity’ • Mrs Angiolini uses case studies to show WHY she feels justice has not been served. • Scotland has the highest murder rate in the UK with the most lenient sentences. • Watch the 5 minute video clip from ‘Scotland Today’ and then read John Robertson’s article from the Scotsman 9/9/09 • Discuss: Do you agree with Mrs Angiolini? Give reasons for your viewpoint.

  4. Theories of Punishment • RETRIBUTION • DETERRENCE • PROTECTION • REFORM All of these theories are used in the Scottish legal system and often a combination of more than one is used to punish criminals.

  5. Retribution • Two main ways to view this: • REVENGE – Getting back at someone for what they have done (Capital punishment is the ultimate example for this) • RESTORATION – Making the offender pay back for what has been done (Community service can be used as you may have to clean things that you vandalised) • Many see retribution as justice being served. The criminal has gotten the sentence they deserve.

  6. Retribution benefits • Sends a clear message that actions will have consequences • Revenge can make victims families feel better • It can be seen as restoring a balance to society • Restorative retribution (community service) helps society by making the person give back to society.

  7. Retribution drawbacks • When does revenge end • An eye for an eye makes the whole world blind. Mahatma Gandhi,Indian political and spiritual leader (1869 - 1948) • Many crimes are spur of the moment, revenge is calculated • People should not live in fear of constant revenge

  8. Deterrence • Seeing people punished for a crime should put people off from doing the same crime • Having been punished before you should be deterred from doing the crime again (recidivism) • The belt in school used to be a deterrent to bad behaviour in the past

  9. Deterrence benefits • Avoid committing crime • It comes prior to crimes as it stops it happening, whereas retribution deals with a crime after it has taken place • In USA they have a THREE STRIKES policy in many states. It started in New York by Rudy Giuliani to combat high crime. If a person had been in jail previously on two occasions and found guilty of a third offence they would receive an automatic LIFE sentence (25 years to life) regardless of the crime (stealing e.g.)

  10. Deterrence drawbacks

  11. Deterrence drawbacks cont… • Does it work? • Many crimes spur of the moment or drug related therefore they are not thinking about the consequences • Criminals don’t think they will get caught • Hardened criminals i.e. gang members see it as part of the ‘job’

  12. Protection • Some forms of punishment are designed to protect society from crime • This is usually done through prison • The removal of the criminal from society protects the public from repeat offences

  13. Protection benefits • If the criminal is in jail they cannot re-offend • This is about helping society, not the offender as the punishment of the offender is not important, only that society is protected • The offender is protected from themselves, either hurting themselves or committing another crime

  14. Protection drawbacks • How long is the sentence? • The prisoner may not be reformed and could re-offend on release • Some criminals may enter prison for minor offences and come out a hardened criminal due to the ‘college of crime’ and commit more serious crime • Prison can make offenders angry and want revenge • Prisoners may be attacked or killed in prison

  15. Protection drawbacks cont… • Many criminals are uneducated or mentally incompetent • As a society we have a responsibility to educate and protect the weak and provide mental health care for those in need • Protection does not try to see the reasons behind the crime • Some say that protection deals with the symptoms and not the causes of crime and is therefore a weak reason for punishment

  16. Reform • This is when part of the punishment is learning what has been done wrong and persuading the criminal not to do this again • Education, mental health care, skills to work programmes are all used to help offenders • Restorative justice is also used to allow a victim to confront their offender and make the criminal see the error of their ways through the impact their crime has had on the victim

  17. Reform (Restorative justice) • Reformation can be a better alternative to other methods. • The Prison Reform Trust says that the UK has the highest prison rates in Europe. • PRT says that prison does not reform or deter and half of all offenders re-offend within two years. • Up to a 1/3 of prisoners have an identifiable psychiatric disorder that may be linked to criminal behaviour. • Reformation only works if the offender is willing to reform and there is no proof that punishment is reformatory. • It is the education and psychiatric facilities that help with reformation, not taking away their freedom. • There is a large debate whether there is a reliable way to reform criminals,

  18. Reformation cont… • Reformation can be a better alternative to other methods • The Prison Reform Trust says that the UK has the highest prison rates in Europe • PRT says that prison does not reform or deter and half of all offenders re-offend within two years • Up to a 1/3 of prisoners have an identifiable psychiatric disorder that may be linked to criminal behaviour • Reformation only works if the offender is willing to reform and there is no proof that punishment is reformatory • It is the education and psychiatric facilities that help with reformation, not taking away their freedom • There is a large debate whether there is a reliable way to reform criminals

  19. Reform benefits • Education programmes can address criminals who have committed crime through poverty. • If crimes are anger related, anger management may correct this behaviour • If a criminal identifies why they have committed a crime they can make the decision to change • Many ex-cons have lead education seminars for youths to help keep them of the criminal path. Ian Wright has also started a TV programme to get criminals involved in sport to help improve their mental attitude.

  20. Reform drawbacks • Not always likely. Criminals often return to their gangs/neighbourhood • Criminal record makes it hard to seek employment so often they feel they have no choice • Many people in the public don’t trust ex cons and this persistent mistrust can lead to re-offending as that is what people expect

  21. Tasks… • Read pages 1-7 from ‘The causes of crime and The Purposes of Punishment’ (green section) • This PowerPoint give a snapshot of information on the theories of punishment. Using this PowerPoint AND the information from your booklet design a table in your jotter outlining each of the four theories of punishment and the benefits and drawbacks of each of these theories. • In groups of 4 design a poster on ONE of the theories of punishment. Use the computers to find information and illustrations to help you with your poster. • Using pages 6+7 write a paragraph outlining ‘who do we punish’ according to the theories of punishment. • Using page 7 write a paragraph outlining ‘what punishment do we use’ according to the theories of punishment. • In YOUR OPINION what theory of punishment would you use for the following crimes: Rape, murder, stealing, vandalism, assault. (Remember to give REASONS for your answer)

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