CD: Punishment Flashcards

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1
Q

According to Durkheim. What are the functions of punishment?

A
  • Social solidarity.
  • Boundary Maintenance.
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2
Q

Provide an example of how punishment has created social solidarity.

A

James Bulgar Case.
Communities came together to mourn the death of the child, and had a sense of togetherness when the two wrongdoers were punished.

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3
Q

Provide an example of how punishment has created boundary maintenance

A

Bernard Madoff. Sentenced to 150 years in prison for fraudulent crimes, taking around 18 billion from his investors.
His punishment reinforced society’s shared norms and values - reminding us of what is acceptable.

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4
Q

According to Functionalists. Punishment is primarily…
Why?

A

Punishment is primarily expressive. It expresses society’s outrage at the offence.

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5
Q

How are society’s values reaffirmed through punishment?

A

Through rituals, such as public trial.

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6
Q

What justice existed in traditional society?

A

Retributive justice. Society shared a strong collective conscience. Severe and cruel punishments (eg. beheadings). Motivation is expressive. Justice based on punishing the wrongdoer with vengeful passion.

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7
Q

What justice exists in modern society?

A

Restitutive justice. Solidarity is based on interdependence. Crime damaged interdependence between individuals, so it’s necessary to repair the damage - restore to how things were. Serves an instrumental purpose - expresses collective elements. Reformation.

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8
Q

A03 Functionalist View on Punishment

A

In reality, traditional societies often had restitutive justice rather than retributive. Eg. Blood feuds between families were often settled by payment compensation, rather than execution. Undermines theory.

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9
Q

Marxists believe punishment is related to…

A

Marxists believe punishment is related to the nature of class society and how it serves the RC.

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10
Q

According to Marxists. What is the function of punishment?

A

Maintain the existing social order/hierarchy.
As a part of the repressive state apparatus, punishment is a means of defending RC property against the lower classes.

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11
Q

Who is included in the repressive state apparatus?

A

Police, CJS, army.
These ensure social control takes place, using force.

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12
Q

Marxism: What did THOMPSON suggest?

A

Thompson describes how, in the 18th century, punishments such as hanging and transportation to the colonies for theft and poaching were part of a rule of terror by the landed aristocracy over the poor.

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13
Q

Marxists suggest the form of punishment reflects..

A

The form of punishment reflects the class society.
(Eg. Fines for parking etc only work in a money economy)

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14
Q

Marxism: MELOSSI & PAVARINI see..

A

Imprisonment as reflecting capitalist relations to productions. Capitalism puts a price on worker’s time, so prisoners ‘do time’ to pay for their crime or ‘repay’ a debt to society.

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15
Q

Melossi and Pavarini: What do the prison and capitalist factory have in common?

A

The prison and capitalist factory both have a similar strict disciplinary style, involving subordination and loss of liberty.
(Eg. Inmates are ascribed jobs in prison such as dishes, laundry, cleaning and so forth).

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16
Q

Marxism: Who suggested imprisonment reflects capitalist relations to productions?

A

Melossi and Pavarini

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17
Q

Marxism: Who suggested 18th century punishments were part of a rule of terror by the landed aristocracy over the poor?

A

Thompson

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18
Q

A03 Marxism View of Punishment

A

Functionalists: Far too negative. Punishment serves the interests of society as a whole rather than a particular social group. Punishment enables us to gain a sense of togetherness and community in condemning a wrongdoer - reaffirms traditional norms and values, which benefits everyone - society runs smoother.

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19
Q

Foucault examines how..

A

Fouycalt examines how surveillance has become increasingly common and the concept of power.

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20
Q

According to Foucault. What is sovereign power?

A

Sovereign power existed up to 1800. Monarchs had power. Punishment was used to assert control through visible punishment on body (eg. branding, amputations).

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21
Q

What was punishment like under sovereign power?

A

Punishment was a brutal and emotional spectacle, such as public execution. Created fear.

22
Q

According to Foucault. What is disciplinary power?

A

Disciplinary power existed from 1800s onwards. Power now over the bodies, minds and souls through surveillance.

23
Q

According to Foucault. Why did brutal bodily punishment disappear after 1800s?

A

Western societies became more civilized/humane. This change happened simply because surveillance is a more efficient ‘technology of power’ - more effective to control people.

24
Q

Foucault describes surveillance as a..

A

Surveillance is a more efficient ‘technology of power’ - more effective method to control people.

25
Q

What does Foucault argue the role of punishment is?

A

Role of punishment is to have power over the prisoners and population through surveillance of their behaviour.
Punishment exerts power and control.

26
Q

What demonstrates Foucault’s concept of surveillance?

A

The panopticon.

27
Q

Foucault: How does the panopticon work?

A

Prisoners do not know they are being watched - only that they might be being watched. Behave at all times - self-surveillance. Control happens INSIDE the prisoner - manage their behaviour in case being watched.

28
Q

Foucault: Where has surveillance now expanded to?

A

Surveillance has now expanded into schools, mental asylums, workhouses. Affects all of society/. Reveals how power works in society.

29
Q

Give an example of how people may use self-surveillance in society.

A

Stop and searches are often used as a form of surveillance. Prevents people carrying drugs and knives - manage their behaviour - just in case.

30
Q

A03 Foucault View on Punishment: Surveillance

A
  • Punishment should be about more than just control. Should be about justice for families, victims, communities, who have experienced crime. Should be about eradicating the threat.
    Eg. Manchester Arena Bombing in 2017.
  • Foucault exaggerates control, ignores resistance in prisons and mental health hospitals - riots, protests. (Eg. Strangeways Prison Riots in 1990s - lasted 25 days)
31
Q

Trends in Punishment: What is seen as the most severe form of punishment?

A

In liberal democracies that do not have a death penalty, IMPRISONMENT is seen as the most severe punishment.

32
Q

Since the 1980s. What has there been a move towards?

A

Since the 1980s, there has been a move towards populist punitiveness.

33
Q

What is populist punitiveness?

A

Where politicians have sought popularity by calling for tougher, more severe sentences.

34
Q

New Labour argue..

A

Prison should be used not just for serious offenders but also as a deterrent for persistent petty offenders.

35
Q

Between 1993 and 2005, the number of prisoners in England and Wales..

A

Between 1993 and 2005, the number of prisoners in England and Wales grew by about 70% to reach a total of 77,000 - resulting in overcrowding.

36
Q

What did David Garland argue?

A

The USA and UK are moving into an era of mass incarceration (mass imprisonment).

37
Q

The UK imprisons a higher proportion of people than almost any other in Western Europe.
True or False?

A

True

38
Q

In England and Wales, how many people out of every 100,000 are in prison?

A

In England and Wales, 139 people out of every 100,000 people are in prison.

38
Q

How can you compare trends in the UK to other countries like France or Sweden?

A

In England and Wales, 139 people out of every 100,000 are in prison - compared to 99 in France and 64 in Sweden.

39
Q

What countries have much higher trends to the UK?

A

The world leaders are Russia with 607 out of every 100,000 people in prison, and USA with 730 out of every 100,000 people in prison

40
Q

Trends in Punishment: Who makes up the prison population?

A

The prison population is largely male, young and poorly educated. Black and EM groups are over-represented.

41
Q

What percentage of the prison population is female?

A

5%

42
Q

What does Garland say about the trends regarding the prison population?

A

Prison ‘ceases to be the incarceration of individual offenders and becomes the systematic imprisonment of whole groups of the population.’

43
Q

In the USA. Which group is dominantly in prison?

A

Young black males.
In 2001, for every 100,000 black males, 3,535 were in prison against 462 white males.

44
Q

Regarding the USA’s prison population being predominantly young black males. What kind of function could this perform?

A

Marxists: An ideological function.

45
Q

Who did David Downes suggest ‘soak’ up the US prison system?

A

The US prison system soaks up about 30-40% of the unemployed - making capitalism look more successful.

46
Q

What might Marxists suggest about the trends in the US prison system?

A

Perform an ideological function. The disadvantaged are used to mask the problems with capitalism. Used as scapegoats to distract the attention away from the flaws of capitalism.
(Hall et al’s research on moral panics and scapegoats)

47
Q

There is also a trend towards transcarceration. What is transcarceration?

A

Where individuals become locked into a cycle of control - shifting between different agencies during their lives.
Eg. Brought up in care, sent to a young offenders’ institution, adult prison, and then a mental hospital.

48
Q

What do some sociologists see transcarceration as a product of?

A

Some sociologists see transcarceration as a product of the blurring of boundaries between criminal justice and welfare agencies.

49
Q

Provide an example of how transcarceration may lead to the blurring of boundaries between criminal justice and welfare agencies.

A

Eg. Health, housing and social services are increasingly given a crime control role - often engage in multi-agency work with police, and work with the same individuals.

50
Q

A03 for Trends in Punishment

A

Incarceration has not proven effective in rehabilitation - about two-thirds of prisoners commit further crimes upon release. Prisons are an expensive way of making people worse, and not resolving the issue of crime.

51
Q

What studies can trends in punishment be linked to?

A

The prison population can be linked to Hall et al’s study on moral panics - and scapegoats masking the problems with capitalism.

Link ideas of 30-40% of unemployed being in prison to New Right fears about the underclass posing a threat to social stability - hence incarceration.