THEORIES OF

PUNISHMENT

Ivan Sebalo
PSYC3060
Lecture outline

 Introduction
 What is punishment?
 Theories of punishment
 Retribution
 Utilitarian Theory
 Humanitarian Approach
 Application
 Conclusions
Punishment

 The infliction or imposition of a penalty as

retribution for an offence
 Crime demands just punishment
(Oxford Dictionary)

 Justice: Objective or Subjective?

Punishment

 Jordan Blackshaw, 21
 “Smash Down in Northwich
Town”

 Perry Sutcliffe-Keenan, 22
 “The Warrington Riots”

 Sentence: 4 years in a YOI

Subjective or Objective?
Punishment
 Jordan Blackshaw, 21
 “Smash Down in Northwich Town”
 Perry Sutcliffe-Keenan, 22
 “The Warrington Riots”
 Sentence: 4 years in a YOI

“What these two did and what the rioters did

was to make people frightened in their
homes.” David Cameron

“While the judge heard the two defendants

were previously of good character, they
admitted committing very serious offences
that carry a maximum sentence of 10 years.
The consequence of their actions could have
led to more disorder and this was taken into
account.” Crown Prosecution Service
Punishment or Revenge?

 What is the difference between punishment

and revenge?
Revenge

 Vengeful feelings
 Not necessarily a response to a breach of law
or code of conduct
 Consistency & appropriateness?
Revenge

 Vengeful feelings
 Not necessarily a response to a breach of law
or code of conduct
 Consistency & appropriateness?
Hamzah Khan
4 years old

Police found Hamzah

Khan's mummified
remains in a cot with a
teddy 2 years after he
died

Hamzah most
probably died from
malnutrition because
his mother, Amanda
Hutton, neglected him
as she concentrated on
her alcohol addiction
Hamzah Khan
4 years old

Amanda Hutton was

convicted of
manslaughter and
received a sentence of
15 years in prison

Is this fair?

Any mitigating
circumstances?
Ann Maguire
61 years old

Some cases are more

clear cut than others

Here is another
example…

Will Cornick (aged 16)

was sentenced to life
for stabbing his
teacher

Is this an appropriate
punishment?
Punishment literature
 7 features of punishment (Walker, 1991)
1. Involves the infliction of something which is assumed to be
unwelcome to the recipient
2. The infliction is intentional and done for a reason
3. Those who order it are regarded as having the right to do so
4. The occasion for the infliction is an action or omission which
infringes a law, rule or custom
5. The person punished has played a voluntary party in the
infringement
6. The punisher’s reason for punishing is such as to offer a
justification for doing so
7. It is the belief or intention of the person who orders something
to be done
Psychological perspective

 Behaviourism: two types of punishment

In the UK...
Punishment
 7 features of punishment (Walker, 1991)
1. Involves the infliction of something which is assumed to be
unwelcome to the recipient
2. The infliction is intentional and done for a reason
3. Those who order it are regarded as having the right to do so
4. The occasion for the infliction is an action or omission which
infringes a law, rule or custom
5. The person punished has played a voluntary party in the
infringement
6. The punisher’s reason for punishing is such as to offer a
justification for doing so
7. It is the belief or intention of the person who orders something
to be done
Why punish?

 Protect society
 Prevent future offending
 Rehabilitation
 Deterrence
 The victim?
Punishment
 7 features of punishment (Walker, 1991)
1. Involves the infliction of something which is assumed to be
unwelcome to the recipient
2. The infliction is intentional and done for a reason
3. Those who order it are regarded as having the right to do so
4. The occasion for the infliction is an action or omission which
infringes a law, rule or custom
5. The person punished has played a voluntary party in the
infringement
6. The punisher’s reason for punishing is such as to offer a
justification for doing so
7. It is the belief or intention of the person who orders something
to be done
Who decides?
Punishment
 7 features of punishment (Walker, 1991)
1. Involves the infliction of something which is assumed to be
unwelcome to the recipient
2. The infliction is intentional and done for a reason
3. Those who order it are regarded as having the right to do so
4. The occasion for the infliction is an action or omission which
infringes a law, rule or custom
5. The person punished has played a voluntary party in the
infringement
6. The punisher’s reason for punishing is such as to offer a
justification for doing so
7. It is the belief or intention of the person who orders something
to be done
Crime → Punishment
Punishment
 7 features of punishment (Walker, 1991)
1. Involves the infliction of something which is assumed to be
unwelcome to the recipient
2. The infliction is intentional and done for a reason
3. Those who order it are regarded as having the right to do so
4. The occasion for the infliction is an action or omission which
infringes a law, rule or custom
5. The person punished has played a voluntary party in the
infringement
6. The punisher’s reason for punishing is such as to offer a
justification for doing so
7. It is the belief or intention of the person who orders something
to be done
Punishment
 7 features of punishment (Walker, 1991)
1. Involves the infliction of something which is assumed to be
unwelcome to the recipient
2. The infliction is intentional and done for a reason
3. Those who order it are regarded as having the right to do so
4. The occasion for the infliction is an action or omission which
infringes a law, rule or custom
5. The person punished has played a voluntary party in the
infringement
6. The punisher’s reason for punishing is such as to offer a
justification for doing so
7. It is the belief or intention of the person who orders something
to be done
 Justification for punishment

 Amanda Hutton was convicted

of manslaughter CPS Guidelines:
Manslaughter
 Some might argue – why not “Conduct taking the form of an
unlawful act involving a danger

murder? of some harm, that resulted in

death”
“grossly negligent given the risk
of death, and did kill, is
manslaughter”
Murder
“intent to kill or cause grievous
bodily harm”
Punishment
 7 features of punishment (Walker, 1991)
1. Involves the infliction of something which is assumed to be
unwelcome to the recipient
2. The infliction is intentional and done for a reason
3. Those who order it are regarded as having the right to do so
4. The occasion for the infliction is an action or omission which
infringes a law, rule or custom
5. The person punished has played a voluntary party in the
infringement
6. The punisher’s reason for punishing is such as to offer a
justification for doing so
7. It is the belief or intention of the person who orders something
to be done
Effective punishment?
Sentence Received Number and %age of sentences
Community order 99,013 (9%)
Suspended sentence 45,628 (4%)
Short-term custody 90,459 (8%)

 England and Wales:

 Short-term custody (<12 months) was associated with
higher rates of re-offending when compared to:
community orders and suspended sentence orders
 Youth Justice stats:
 13,700 (37.9%) reoffended within one year of receiving
a caution, non-custodial conviction, or of release from
custody
Public perceptions of
punishment
 Ministry of Justice
Out of every 100 men aged 21 or over who are
tried and found guilty of house burglary/rape
how many are sent to prison?

Burglary: Rape:
~80% 99%
Public perceptions of punishment

 Ministry of Justice
Out of every 100 men aged 21 or over who are
tried and found guilty of house burglary/rape
how many are sent to prison?
Custody rate estimations Burglary Rape
Over-estimate 2% responded >90% --
Roughly accurate 8% responded 70-80% 29% responded 85-100%
Small under-estimation 4% responded 60-70% 23% responded 60-85%
Large under-estimation 86% responded <60% 48% responded <60%
Public perceptions of
punishment
 Attitudes towards punishment:
45

40

35

30

25
%

20

15

10

0
2008/09 2009/10 2010/11

Much too tough A little too tough About right

A little too lenient Much too lenient
Public perceptions of punishment

 Public sentencing preferences

(1) I would like you to think about what action
might be taken against a 30 year old man who
owns up to minor offence such as the theft of
clothing worth £30 from a small independent shop.
No prior conviction Prior theft conviction
Caution/warning 37% 2%
Conditional discharge 9% 5%
Fine 26% 22%
Community sentence 26% 42%
Custody 2% 29%
Lecture outline

 Introduction
 What is punishment?
 Theories of punishment
 Retribution
 Utilitarian Theory
 Humanitarian Approach
 Conclusions
 Theories of punishment
 Retribution

 Eye for an eye & Golden Rule

 The idea that the harm done to

society by an offender should be
counterbalanced by proportionate
punishment

 Maintains that punishment is a

‘deserved’ consequence of an earlier
behaviour
Theories of punishment

 Retribution

 Punishing is a duty of us all

 Punishment is deserved by the offender – ‘just
deserts’
 Punishment is not revenge
 Only the offender should suffer
 Theories of punishment
Utilitarian theory

 Common Good
 Punishment is justified
by its anticipated future consequences
 Utility of punishment:
▪ Reduction of the frequency with which people infringe the laws and rules
which make for a contented society
▪ Deterring offenders from offending
▪ Putting the offender where s/he cannot offend any longer
Theories of punishment

 Utilitarian theory

 Punishing an offender results in greatest good for

greatest number of people
 It is useful for purposes of rehabilitation and
reduction of offending
 It is okay if more than just the offender suffers –
for greatest good
Theories of punishment

 Retributive and utilitarian traditions are both

reflected in public opinion

 2 of 5 “give the offender what he deserves”

 3 of 5 endorse aims such as deterrence, public
protection and reform
Justifying sentencing

 Deterrence

 People are deterred from actions when they

refrain from them because they dislike what they
believe to be the possible consequences of those
actions
Justifying sentencing

 Deterrence

 Individual deterrence
▪ The deterrence of convicted offenders from re-
offending
 General deterrence (Lewis, 1986)
▪ “the inhibiting effect of sanctions on the criminal activity
of people other than the sanctioned offender”
Justifying sentencing

 Deterrence

 What is it that deters people from offending?

Theories of punishment

 Humanitarian approach
 It is clear that offenders may come from
disadvantaged backgrounds, both socially and
economically
 Also, offenders may themselves have been
childhood victims of criminal abuse
 Given this deprivation and victimisation, it might
be argued that in a humane society offenders are,
indeed, deserving recipients of rehabilitative
endeavours (Crow, 2001)
A Case Example

Disclaimer:
Some of the following
images are graphic.
This is a segment of a
news story of serious
and violent crimes
that were committed.
Sex Offending and Murder

 Retribution

 Utilitarian Theory

 Humanitarian Approach
Capital Punishment & Homicide

 Retribution
 Crime is so severe it deserves the death penalty
 Utilitarian Theory
 Eliminates the dangerous
 Acts as a general deterrence
 Educates people to think of murder as evil
 Satisfies the outraged
 Humanitarian Approach
 False positives
 Rehabilitation
Inciting Disorder

 Jordan Blackshaw, 21
 “Smash Down in Northwich
Town”

 Perry Sutcliffe-Keenan, 22
 “The Warrington Riots”

 Sentence: 4 years in a YOI

Inciting Disorder

 Retribution

 Utilitarian Theory

 Humanitarian Approach
Manslaughter

Retribution

Utilitarian Theory

Humanitarian
Approach
Lecture outline

 Introduction
 What is punishment?
 Theories of punishment
 Retribution
 Utilitarian Theory
 Humanitarian Approach
 Conclusions
Conclusions

 Crime and punishment

 Theoretical approach to punishment

 In the UK

 Public attitudes toward punishment

 Rehabilitation
 A Parable

One day, an old man was walking along a beach that was littered with
thousands of starfish that had been washed ashore by the high tide. As he
walked he came upon a young boy who was eagerly throwing the starfish
back into the ocean, one by one.

Puzzled, the man looked at the boy and asked what he was doing. Without
looking up from his task, the boy simply replied, “I’m saving these starfish,
Sir”.

The old man chuckled aloud, “Son, there are thousands of starfish and only
one of you. What difference can you make?”

The boy picked up a starfish, gently tossed it into the water and turning to
the man, said, “I made a difference to that one!”