The question (15 marks)
Discuss the theories of punishment, and state which of them best justifies the infliction of a sentence. (15 marks)
MU Module III, theories of punishment; chapter on penology and the theories and kinds of punishment, and the study of the theories of punishment.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · The Police, Penology and the Theories of Punishment of Criminology and Penology.
Authorities you will need
- Ashworth, on the behavioural and political premises and on marginal preventive effects
- Kant and Hegel, and the modern desert approach of the 1970s
- Martinson and Brody, on the collapse of the rehabilitative ideal
- The Floud report, on predictions of dangerousness
- Hart, on the general justifying aim and the principles of distribution; Lacey's challenge; Braithwaite and Pettit on dominion
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.