Deterrence

– Specific deterrence: discourage the offender from committing a similar crime in the future because of fear of punishment

– General deterrence: discourages the public from committing a similar crime by raising awareness of penalties.

Retribution

– Punishment aims to be exactly equivalent to the crime committed

– Prevents victims taking law into their own hands

– In Australia this means that serious crimes = serious punishments

Rehabilitation

– Aimed at changing the behaviour of the offenders so that he/she will not wish to commit other crimes because non-criminal behaviour will be seen as preferable

– Primary focus for young offenders

– E.g. Drug addiction program

Incapacitation

– The punishment aims to isolate the offender, usually in prison, so the they re unable to commit another crime

– Protects the community

DETERRENCE

• General deterrence: makes an example of the criminal to deter others from committing the crime
• Specific deterrence: aims to deter the criminal who is being charged from committing the crime
• Some ways of deterrence more effective than others, yet may not be as ethical (for example, death penalties)

RETRIBUTION

• Based on the view that it is unfair for a person to gain from their crimes
• Natural for the victim to want revenge
• Punishment seeks retribution on behalf of the victim
• Role is taken by courts, meaning the victim/family can feel marginalised by the justice system

REHABILITATION

• Deals with the issues and problems of criminals in a more sympathetic way by identifying the cause of offending and addressing these issues
• Reduces recidivism (re-offending)
• Evidence suggests this is effective in relation to minor offences
• Education and employment are the most efficient ways of rehab
• More effective while not in prison
• Most serious offenders are too hardened to respond to rehab programs
• Harsh environment of prison is not conducive to effective rehab
• Requires the cooperation of the criminal
• Difficult to tell when the offender is “cured”, and if they should be released when they are better
• Rehab programs not offered to non-offending citizens

INCAPACITATION

• Stops criminals from committing further crimes by imprisoning them
• Direct way of protecting society
• It is an admission that the prison system cannot effectively rehabilitate offenders

Extract from Legal Studies Stage 6 Syllabus. © 2009 Board of Studies NSW.