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Relating the aims of state penal policy to crime theories

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Adam Butler

on 24 May 2011

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Transcript of Relating the aims of state penal policy to crime theories

Relating the aims of state penal policy to crime theories Penal Policy In the early 19th century
there were many classists
they believed in
voluntarism. This means
that the criminal has the
choice to commit the
crime. They believed that
punishment should be
prompt and fair to all
people depending on the
crime they commit. They
punished criminals to
deter people. Here are some punishments they used to deter them Burning at the stake Hanging Beheading Stoning Hung, drawn and quartered Positivism The move towards positivism. Althougth some people suffered capital punishment, Bezcaria (classist) did argue that punishment should be minimal in order to deter the offender from doing again. Flogging was brought back in 1863 for a second offence there was 5 years of penal servertude (imprisonment and hard labour). And also working the trendmill to grind grain and turning the crank. These forms of punishments meant that people shouldnt have to die for a punishment and that they should be detered, this explains the move towards positivsm. People beleived that severe punishment was making no difference to crime rates, this meant that criminals were not detered and recedivsm rates were still high. so, we should try to understand the causes of crimes, to fix criminals. Positivism occured in the late 19th century and early 20th century. Their assumptions about criminal behaviour that determinism caused someone to become a criminal. They believe it is not the offenders fault and that we should not punish them mercyfully. We should instead try to understand and cure them. And that we should bring them back into the line with the norms and values of society. In other words, the positivists believe that capital punishment should not happen like it did with the classists. Types of punishment (rehab) Medication/professional help Teach skills to get a job Rehab programs Teaching social skills Gibbiting This is where an excuted body is placed in public to deter people Realism Restorative justice The move from positivism to realism People thought that deterence will never work because it doesn't remove the case of criminal behaviour. People thought it worked in general. What this means is that it didn't actually reform criminals. Also the conservative government came into power at that time and believed in realism. Realism started in the 1970s. It was started by the conservative government. It believes in the principle of voluntarism. Which is similar to the classists, however the punishments weren't so harsh. There was left and right realism. One of the punishments used by the realists was zero tolerance this is where in a certain area all crimes will be treated the same way and very harshly. The realists used prison a lot to punish criminals. They did this because they believed this worked to deter criminals. They also thought that the positivists methods of rehabiliatation didn't work. In statistics the realists form of punishment had low recidivism rates. It only emerged in the 20th century. It also makes greater use of community services and probation. Also it is linked to left realism because of the slight rehabilitation methods they use. Its aim is punish people by paying back to the community e.g. community services and voluntary work. The move of realism to restorative justice. People thought that jail didn't work as there is evidence that people can learn new criminal techniques whilst in prison. Which means that they will go on to commit more serious crimes. How does the positivism link to penal policy? It pointed out that severe punishment were not making any difference to high crime rates. So they found that people were not detered and recidivism rates are still high. So they should try and understand causes of crimes to fix criminals. This would make society a better place. One approach involves meeting the victim, they can work together to try and change the offenders behaviour. Other punishments include: Rehabilitation Community service Voluntary work Restorative justice aims to rehabilitate the criminal and stop them doing it again. It is linked to left realism as it has the same methods. Conclusion Over the years methods of punishing criminals have changed. From the 18th century to the 21st century there has been four major approaches. Different assumptions on criminal behaviour and how they were punished. By Adam and Dec
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