Chapter 2: 'Punitiveness and cultures of control,' BLOCK 2 BOOK 2

Question 1

CULTURE OF CONTROL (GARLAND, 2001)

Answer 1

1. CULTURE OF CONTROL - The transformation of positive rehabilitative rationales for criminal justice by more negative retributive imperatives.
2. Since the 1970’s - this has generally involved the expansion of criminal justice systems, particularly in the USA and the UK, and characterised by greater punitiveness, new policing powers, and intrusive strategies of prevention and surveillance.  

Question 2

INCAPACITATION

Answer 2

1. INCAPACITATION - A justification for punishment that maintains that the offender’s ability to commit further crimes should be removed, either physically or geographically.
2. In some societies, incapacitation can take the form of removing offending limbs (for instance, hands in the case of thieves), whilst in others the banishment of criminals to confined spaces, like prisons, curtails possibilities for offending behaviours.
3. The ‘death penalty’ is the starkest form of incapacitation.
    

Question 3

NEO-LIBERALISM

A poliocy model - gives priority to:

a) free-market forces
b) deregulation
c) privatisation
d) and places an emphasis on minimal ‘state intervention’

Answer 3

1. NEO-LIBERALISM: An economic and political doctrine that gives priority to free market forces, deregulation, privatisation, and places an emphasis on minimal state intervention.
2. Neo-liberalism is a policy model— that seeks to transfer control of economic factors to the private sector from the public sector. It tends towards free-market capitalism and away from government spending, regulation, and public ownership.
3. Often identified in the 1980s with the conservative governments of Margaret Thatcher and Ronald Reagan, neo-liberalism, has more recently been associated with so-called Third Way politics, which seeks a middle ground between the ideologies of the left and right.

Question 4

POLICY TRANSFER and TRANSNATIONAL POLICY TRANSFER

Answer 4

1. POLICY TRANSFER- The processes whereby policies and discourse originating in one nation state flow to, and are translated and reconfigured in another.
2. TRANSNATIONAL POLICY FLOWS - refer to the importation of political ideas and policies from other countries.
3. In criminal justice - a policy transfer EXAMPLE often cited is the the exportation of US CRIME POLICIES to other countries such as:
   a) zero-tolerance policing
   b) three strikes laws
   c) mandatory sentencing for particular crimes.
4. Policy transfer has had significant influence on the spread of punitive measures in crime control
5. And the language of punitiveness has become more common in criminal justice crime control policy across legal jurisdictions.
6. However - there is much variation in the policies implemented in different jurisdictions.

Question 5

PUNITIVE TURN

Answer 5

1. PUNITIVE TURN - An extension of punishment that relies on an intolerance and a vindictive infliction of pain, originating in the main from the USA in the 1980s

Question 6

RESPONSIBILISATION

Answer 6

1. RESPONSIBILISATION - Within criminology, responsibilisation is a strategy for holding offenders responsible for their own actions and for encouraging communities to be more active in crime control.

Question 7

ZERO-TOLERANCE

Answer 7

7. ZERO TOLERANCE - An intensive community policing strategy pioneered in New York in the mid 1990s whereby minor offences and incivilities are targeted on the assumption that more serious offending will be curtailed as a result.

Question 8

INTRODUCTION TO ‘PUNITIVENESS’ AND CULTURES OF CONTROL

PUNITIVE TREND.

EXAMPLES OF ‘tough-on-crime’ justice policies.

Answer 8

1. This chapter considers approaches to the delivery of justice which suggests that the answer to the crime problem is to punish offenders with tough penalties.
2. From mid-1980’s in the USA, and Mid-1990’s in England and Wales and other European countries, there was a ‘TREND’ towards harsher criminal justice policies.
3. Particularly those that focused on ‘INCAPACITATION’ as the solution to crime.
4. EXAMPLES OF SOME OF THESE ‘POLICIES’ include:
   a) increased use of imprisonment
   b) mandatory prison sentences for certain crimes
   c) zero-tolerance strategies (which impose automatic penalties for first-time offenders.
   d) three-strikes legislation - mandatory imprisonment for committing a third violent offence.
   e) use of capital punishment in some parts of the USA, Singapore, and Japan.
5. It is ‘taken-for-granted’ that harsh criminal justice policies are resorted to because of:
   a) increasing levels of disorder
   b) anti-social behaviour
   c) rising crime rates
6. However - decisions to implement ‘harsh approach’ to justice by governments across the globe has no clear correspondence to PUBLIC DEMANDS or INCREASING CRIME RATES.
7. There is a rise in PUNITIVENESS in some countries, but not others, despite declining crime rates.

Question 9

PUNITIVENESS -DEFINED.

Answer 9

1. PUNITIVENESS - can be defined as a concern with, or the infliction of punishment.
2. BUT - response to crime can vary across geographical and cultural spaces.
3. Also - use of punishment and crimes defined as punishable can change along with cultural attitudes and sensibilities.
4. Punishment within most justice contexts is justified using 4 rationales:
   a) punishment is seen as deserved
   b) threat of punishment for certain crimes will deter future criminality
   c) punishment is a symbolic function that reflects society/community disapproval.
   d) punishment is justified for its rehabilitative potential.

Question 10

PUNITIVE POLICIES

Answer 10

1. JUSTICE POLICIES that are more punitive in nature emphasise:
   a) INCAPACITATION
   b) RETRIBUTION
   c) DETERRENCE
   d) DENOUNCEMENT
   e) VENGEANCE

and DE-EMPHASISE:

a) REHABILITATION
b) REPARATION
2. Punitive policies identify ‘vindictive’ punishment as the most appropriate response to crime and put little credence on solving crimes by addressing social inequalities, or offender/victims needs.

Question 11

TREND OF PUNITIVE STRATEGIES/POLICIES FOR CRIME CONTROL

Answer 11

1. Punitive strategies for crime control have been used in the USA and UK since the 1980’s.
2. From mid-90’s - punitiveness also appeared to be more prevalent in many countries across the globe.
3. HOWEVER - This trend has yield controversy as until the 1970’s , the use of punishment such as imprisonment and death penalty appeared to be receding in the WESTERN WORLD. (WAQUANT, 2005).
4. HOWEVER - The trend of declining imprisonment was reversed in the latter decades of the 20th century when many countries began increasing INCARCERATION.
5. USA, RUSSIA, SOUTH AFRICA, and UK are the top 4 in terms of rates of imprisonment relative to nations population size.
6. There does seem to be a global trend towards INCARCERATION, but the move towards punitiveness is not necessarily inevitable.
7. HARM AND VIOLENCE - flow from criminal behaviour by individuals, and can also be part of a STATES response to crime.
8. Tough-on-crime policies - are usually directed towards certain forms of crime, i.e INTERPERSONAL and PROPERTY CRIME.

Question 12

THE ‘NEW PUNITIVENESS’ - (PRATT, 2005)

Answer 12

1. PRATT (2005) - suggests that a ‘new’ era of punitiveness has begun, due to increasing use of imprisonment and other criminal justice sanctions in western countries.
2. And that this trend is increasingly global (WAQUANT, 2005)
3. By some - this has been viewed as a step backwards in the system (WAQUANT, 2005)
4. PRATT (2005) - New punitiveness is not just a trend towards mass incarceration, but a stretching og the former limits of punishment
5. NEW PUNITIVENESS - breaches the principle that punishment should be proportionate to the harm caused (PRATT, 2005)
6. And this extends into civil detention, naming and shaming initiatives, and austere prison regimes.
7. PRATT (2005) argues that European societies were becoming more restrained, civilised, and measured , in their punishment (OLD PUNITIVE), but those trends have reversed in later decades of the 20th century.

Question 13

‘GLOBAL PUNITIVENESS’

Answer 13

1. It is argued - punitive turn is not just a national trend towards increased use of punitive measures, but a trend of global proportions (PRATT, 2005).
2. BAKER AND ROBERTS (2005) - suggest globalisation is a main contributor to the international spread of punitive policies.
3. BAKER AND ROBERTS - argue spreading of ‘punitiveness policies’ occurs in 3 ways:
   a) acceleration of penal policy transfer across jurisdictions
   b) promotion of short-term punitive policies at the expense of longer evidence - based policies
   c) a homogenisation of problems and responses to those problems across a diversity of jurisdictions
4. Globalisation has resulted in ‘SIMPLISTIC PUNITIVE POLICIES’ having mass appeal.

Question 14

‘POPULIST PUNITIVENESS’ (BOTTOMS, 1995).

Answer 14

1. The notion of ‘POPULIST PUNITIVENESS’ was identified by BOTTOMS (1995).
2. By this - politicians tap into the public’s PUNITIVE STANCE, and use it for their own purposes.
3. HUTTON (2003) - argued politicians may opt for harsher punishments because they think this will:

a) reduce crime
b) build moral consensus
c) denounce criminal acts and populations
d) achieve greater popularity with electoral constituents and voters.

4. POPULIST PUNITIVENESS - appears to be grounded in the assumption among politicians that the public are punitive.
5. HOWEVER - INTERNATIONAL CRIME VICTIMS SURVEY (ICVS) suggest punitiveness towards offenders is not a global trend, and that UK and US cultures share more similarities than European countries.
6. Indeed - when asked about preferred sentence for young recidivist burglar, those countries in favour of prison were (TONRY, 1989):

a) USA
b) Northern Ireland
c) Scotland
d) England and Wales.

7. However - When British people are given the facts and details about criminal cases, their opinions on sentencing tend to be consistent with those made by the judiciary (ROBERTS, 1998). The public are thus not as punitive as the media and politicians make out.

Question 15

VICTIMS ATTITUDES AND INFLUENCE ON PUBLIC POLICY

Answer 15

I. VICTIMS RIGHTS MOVEMENTS - can also shape public policy.

2. Victims can have an impact on the PUNITIVENESS of policies.
3. I.e - Meghan’s law in the USA, and Sarah’s Law in Britain ( not so successful).
4. However - victims of crime respond to their circumstances in different ways, some favouring harsher punishments, others a less punitive approach.
5. VICTIM SUPPORT (SMART JUSTICE SURVEY) - found there has not been a trend of increasing support from the public for tough-on-crime policies.
6. Instead - there is support for crime policies that work to reduce individual offending, as two third s of victims believe prison does not stop petty criminal offending.
7. And - non-violent crime by Young People can be best curbed by providing more activities, better parenting, drug and mental heath treatment.
8. However - there is no quick fix to stopping crime, due to societal, environmental, and economic factors.

Question 16

PUNITIVENESS EXPLAINED

Answer 16

1. The re-emergence of tough justice policies began in the USA when NIXON declared a WAR ON DRUGS in 1971
2. But - they rose most rapidly during the REAGAN-BUSH administrations (1981-1992).
3. In the UK - Conservatives in 1979 argued that labours permissive policies were the cause of rising crime rates, so the TORY election victory under Thatcher saw tougher criminal justice policies implemented, and more police, courts, and prisons added (DOWNS AND MORGAN, 2007).
4. However - the rate of recorded crime doubled during the Thatcher administration
5. That said - they did establish crime as an important item for political agenda.

Question 17

CULTURE OF CONTROL (GARLAND, 2001)

Answer 17

1. As a result of the re-emergence of tough justice policies that began with the Thatcher administration in UK, and Nixon, Reagan, and Bush in USA, GARLAND (2001) argued that a new culture of control has emerged
2. For Garland - Crime has come to be viewed as a routine risk that has required political and cultural adaptations
3. These adaptations - influence how governments respond to, and how citizens think about the problem of crime
4. Garland argues that there are 7 conditions that form a ‘cultural complex of attitudes, beliefs and assumptions:

a) high crime rates are regarded as social norm
b) emotional investment in crime is widespread
c) crime issues are politicised in emotive terms
d) concerns about public safety dominate policy
e) criminal justice is viewed as ineffective
f) crime consciousness is institutionalised in media and popular culture.
g) private security as defensive routines are widespread

5. As a result - ‘punitive policies’ are a response to a crisis of confidence in the effectiveness of criminal justice in westernised societies/countries.
6. For Garland (2001) - the political landscape that emerged in the Thatcher administration in UK and Reagan/Bush in USA was in opposition to the welfare and rehabilitation ideals that came before.
7. Garland - suggests that the notion of ‘dangerous populations’ is the central focus within cultures of control.
8. As a result - effective crime control came to be viewed as:

a) imposing more controls
b) increasing disincentive
c) segregating the dangerous populations.

9. For Garland (2001) - Crime acted as a lens through which to view thew poor as underachieving, deviant, and dangerous.
10. The growing punitiveness and increase in the culture of control in UK, USA, AUSTRALIA, NEW ZEALAND, and CANADA, are adaptive responses to increasing fraught social conditions.

Question 18

PUNITIVENESS AND RESPONSIBILISATION

Answer 18

1. An influential factor that is central to the move
   towards MORE punitive CRIMINAL JUSTICE MEASURES is the focus on ‘INDIVIDUAL RESPONSIBILITY’
2. Individual responsibility is an aspect of NEO-LIBERALISM. This NEO-LIBERALISM as a political ideology suggests that individuals and communities should be aware of SOCIAL RISKS
3. The Punitive turn in many nation states seems to correlate with a DE-emphasis on COLLECTIVISM and WELFARE
4. By this - these social risks include health, unemployment, and crime, and should be managed by the individual with as little state intervention as possible
5. This process is called RESPONSIBILISATION.
6. By this - the state seeks INDIRECT CONTROL by RESPONSIBILISING individuals to participate in ensuring their own safety, economic security, and well-being.

POSSIBLE NEGATIVES:

8. FOR MILLER (2002) - RESPONSIBILISATION was employed to take the place of the notion that SOCIETAL PROBLEMS should be addressed by governmental intervention
9. HOWEVER - This ‘responsibilisation’ and avoidance of the state to intervene is social conditions is argued to increase ‘OTHERNESS’ of certain populations, such as young people, the poor, migrants, offenders etc.
10. Issue of REPONSIBILISATION - has led to shifting perceptions of young people in western countries as disorderly, troublesome, and dangerous (PIPER, 2008).
11. This is reflected and amplified by MEDIA and POLITICAL RHETORIC

12 UK EXAMPLE - ‘YOUTH MATTERS’ GREEN PAPER (Department for Education) suggests that children should be accountable for their actions, whereby the worthy child who is responsible is seen to be worthy of investment (PIPER, 2008)