CD: Punishment Flashcards
According to Durkheim. What are the functions of punishment?
- Social solidarity.
- Boundary Maintenance.
Provide an example of how punishment has created social solidarity.
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.
Provide an example of how punishment has created boundary maintenance
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.
According to Functionalists. Punishment is primarily…
Why?
Punishment is primarily expressive. It expresses society’s outrage at the offence.
How are society’s values reaffirmed through punishment?
Through rituals, such as public trial.
What justice existed in traditional society?
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.
What justice exists in modern society?
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.
A03 Functionalist View on Punishment
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.
Marxists believe punishment is related to…
Marxists believe punishment is related to the nature of class society and how it serves the RC.
According to Marxists. What is the function of punishment?
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.
Who is included in the repressive state apparatus?
Police, CJS, army.
These ensure social control takes place, using force.
Marxism: What did THOMPSON suggest?
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.
Marxists suggest the form of punishment reflects..
The form of punishment reflects the class society.
(Eg. Fines for parking etc only work in a money economy)
Marxism: MELOSSI & PAVARINI see..
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.
Melossi and Pavarini: What do the prison and capitalist factory have in common?
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).
Marxism: Who suggested imprisonment reflects capitalist relations to productions?
Melossi and Pavarini
Marxism: Who suggested 18th century punishments were part of a rule of terror by the landed aristocracy over the poor?
Thompson
A03 Marxism View of Punishment
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.
Foucault examines how..
Fouycalt examines how surveillance has become increasingly common and the concept of power.
According to Foucault. What is sovereign power?
Sovereign power existed up to 1800. Monarchs had power. Punishment was used to assert control through visible punishment on body (eg. branding, amputations).