Understanding retributive justice

Retributive justice is a form of punishment that focuses on making offenders 'pay back' for their crimes in a way that matches the severity of the offence. This approach ensures that the consequences are proportionate to the harm caused, often summarised by the phrase 'an eye for an eye'.

Key features of retributive justice

Retributive justice views offences not just as harms against individuals, but as violations of the wider social order. Punishments are designed to reinforce shared values.

Retributive justice in traditional societies

• In many traditional societies, retributive justice involves deliberately harsh penalties to send a strong message.
• This occurs because the offender is seen as having broken the fundamental rules that hold the community together.
• Punishments prioritise the group's well-being, showing that social bonds are more important than personal interests.

Punitive punishment and crime control

Punitive punishment refers to strict penalties aimed at discouraging criminal behaviour through fear of consequences. This approach is often supported by right-wing perspectives, which see tough measures as essential for maintaining social order.

The New Right perspective on punishment

The New Right strongly advocates for punitive measures like imprisonment. They argue that such punishments serve two main purposes: deterring potential offenders and protecting society by isolating known criminals.

Key arguments for punitive punishment:

• Deterrence effect - Harsh penalties are believed to discourage crime by making people think twice about offending.
• Removal from society - Imprisoning offenders prevents them from committing further crimes while incarcerated.

A notable example is the 'three strikes rule' practised in many US states. Under this policy, a person convicted of a third offence receives an automatic life sentence, regardless of the crime's severity.

The role of prisons in deterrence and rehabilitation

Prisons are central institutions in many criminal justice systems, used both for punishment and potential reform. While some view them primarily as tools for deterrence, others see opportunities for changing offender behaviour.

Prisons as a deterrent

Many people, including policymakers, believe that imprisonment effectively reduces crime by acting as a warning to others. For instance, the UK has significantly expanded its prison system, leading to a population of around 90,000 inmates in 2017. The country also holds more prisoners serving life sentences than the rest of Western Europe combined. This investment reflects a belief that locking up offenders keeps streets safer and discourages criminal activity.

Prisons for reform and rehabilitation

Beyond punishment, prisons can provide chances for offender rehabilitation, which means helping individuals change their behaviour to avoid future crimes. This aims to support successful reintegration into society after release. Sociologists who support this view argue that prisons should focus on addressing the causes of crime rather than just isolation.

Evidence on recidivism and prison effectiveness

Recidivism refers to the tendency of released offenders to commit new crimes and return to prison. High rates of recidivism provide important evidence about whether prisons truly change behaviour or deter crime.

Key statistics on recidivism

Data from the UK shows that prisons may not be as effective as hoped in preventing repeat offences.

Recidivism rates:

• Adult offenders - Around two-thirds of released prisoners re-offend within two years.
• Juvenile offenders - The rate is even higher at 71 per cent, within two years.

These figures suggest that imprisonment is not radically changing the behaviour of repeat offenders.

Right-wing approaches to crime control through welfare and family

Some right-wing sociologists and politicians extend crime control beyond prisons to address social structures like the welfare state and family. They argue that certain policies create environments conducive to crime, and reforming them can prevent offences.

Murray's theory of the criminal underclass

Charles Murray, a key right-wing thinker, links crime to an overly generous welfare system. He suggests this creates a 'criminal underclass' – a group of people dependent on benefits, lacking motivation to work or take responsibility.

Murray's key arguments:

• Welfare dependency - Generous benefits are seen as discouraging employment, leading to idleness and criminal behaviour.
• Solutions proposed - Murray advocates cutting benefits to force individuals to seek jobs and support their families, thereby reducing crime linked to dependency.

Focus on problem families

Conservative politicians often call for identifying 'problem families' so that members of these can be deterred from committing crime.