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1.3.2 Punishment and deterrents

What punishment and deterrents are for

Definition

Recidivism

Reoffending: when someone who has already been punished for a crime goes on to commit further offences.

  1. Recidivism is reoffending, meaning committing another crime after being punished for an earlier one.
  2. Punishment sets out to reduce criminal and anti-social behaviour in two ways.
  3. The first is protecting the public by keeping the offender away from the chance to offend again.
  4. The second is acting as a deterrent, making offending unpleasant enough to put the person off repeating it.
  5. A punishment is also meant to warn everyone else, since people who see the cost may decide crime is not worth it.
  6. Deterrence works through conditioning, pairing the crime with an unpleasant consequence until the person links the two.
  7. The three punishments to know are prisons, community sentences and fines.
Key Idea
  • Punishment aims to cut offending in two ways: by keeping the offender away from the chance to offend and by acting as a deterrent.
  • The deterrent runs on conditioning, pairing the offence with an unpleasant consequence until the person links the two.
  • Prisons, community sentences and fines each deliver that cost differently, and reoffending is highest after short prison terms.

Prisons, community sentences and fines

Definition

Deterrent

A consequence unpleasant enough to put someone off offending. It is meant to work both on the person punished and on anyone else who sees the cost.

  1. Prisons
    1. Prison removes the offender's freedom, so the public is protected for as long as the sentence lasts.
    2. Losing your freedom is meant to be the strongest deterrent of the three.
    3. Reoffending after release is high, and it is highest after short sentences, so that deterrent often fails.
    4. Prison can also work as a school for crime, because it surrounds a person with criminal role models.
    5. It costs the offender their job and their housing, so they come out with fewer reasons to stay lawful.
  2. Community sentences
    1. The offender stays in the community and completes requirements such as unpaid work, a curfew or a treatment programme.
    2. Because they keep their job and their family ties, the things that support going straight stay intact.
    3. They cost far less to run than a prison place, and reoffending is generally lower than after a short prison sentence.
    4. Plenty of people see them as too soft, so they may deter less than a prison sentence would.
    5. They are also unsuitable for serious or violent offences.
  3. Fines
    1. A fine is an immediate financial cost, cheap to administer and well suited to minor offences.
    2. A wealthy offender absorbs the same fine without noticing, so it barely deters them.
    3. Someone with no money cannot pay it at all, which can push them into further offending to find the cash.
    4. A fine also does nothing about why the person offended in the first place.
Example
  • Someone is given a six-week prison sentence for shoplifting from a supermarket.
  • They lose their shift work and their tenancy while they are inside.
  • They come out with the same money problems that led to the theft, plus no job and no flat.
  • A community sentence that kept them in work would have left them better placed not to reoffend.

Why deterrence often fails

  1. Deterrence assumes the offender weighs the risk of being caught against the reward before acting.
  2. A great deal of crime is impulsive, so no weighing up happens at all.
  3. Addiction, debt and poverty can make the immediate need far louder than any penalty months away.
  4. Eysenck's theory adds a reason of its own, because an offender high in extraversion is difficult to condition and so learns poorly from being punished.
Common Mistake
  • It is not the case that punishment never works, because prison does protect the public and some offenders are deterred.
  • A deterrent and rehabilitation are different things, since one adds a cost and the other changes the person.

Evaluating punishment

  1. Punishment reliably protects the public and answers the demand that a crime has a consequence.
  2. It deters some offenders, particularly first-timers with a job and a home they do not want to lose.
  3. High reoffending rates, especially after short prison terms, show that deterrence fails for many others.
  4. Punishment leaves the causes of offending untouched, so it cuts recidivism far less on its own than when it is combined with rehabilitation.
Note
  • Reoffending rates for different sentences are not measured on like-for-like groups, since courts send the more serious cases to prison.
  • Sentencing also carries a public expectation that a crime is answered, which is a legal aim rather than a psychological one.
  • Working on the causes of offending belongs to rehabilitation, which is covered in its own right in this topic.

Turning this into marks

  1. When a strength and a weakness are both asked for, keep them to the same punishment, such as prison protecting the public and prison having high reoffending after release, rather than one general point about punishment.
  2. Name the punishment and the mechanism, such as a community sentence keeping the offender in work, because writing that it helps them does not secure the knowledge mark.
  3. The mark most often lost is answering only about prison, when community sentences and fines each carry marks of their own.
Self review
  • What is recidivism, and what is a deterrent?
  • Name the three punishments and give one strength of each.
  • Give two reasons prison often fails to reduce reoffending.
  • Why can the same fine deter one person and not another?
  • Which assumption about offenders does deterrence rely on, and why does it often fail?
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Punishment aims to reduce criminal and anti-social behaviour in two main ways. It protects the public by removing or restricting the offender's opportunity to offend, and it acts as a deterrent by making offending unpleasant.

A deterrent is a consequence unpleasant enough to put someone off offending. It is intended to affect both the person punished and other people who observe the cost of crime. Deterrence can be explained through separate mechanisms: conditioning or learning may create an association between offending and an unpleasant consequence, while rational-choice deterrence occurs when a person weighs the likely risks and costs of offending against its possible rewards.

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Committing another crime after already being punished is [     ]. An unpleasant consequence intended to discourage offending is a deterrent.

1.3.2 Punishment and deterrents Revision Guide

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Revision notes for OCR GCSE Psychology 1.3.2 Punishment and deterrents: explanations and worked examples.

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