CJS: Punishment

Question 1

Newburn: 5 main reasons for punishing criminals

Answer 1

1. Discourage them and others from reoffending
2. Force them to make amends with victims for their actions
3. Protect society from dangerous
4. Reinforce social values and bonds
5. Punish them as they deserve to be punished

Question 2

Changing forms of punishments

Answer 2

• PM: From sovereign power to disciplinary power: Went from prisoners having brutal public punishments to show state power to now when they have their behaviour monitored and controlled.
• Marxism: Whatever suits dominant class at time

Question 3

Functionalist approach

Answer 3

Durkheim argues societies can only exist if have a value consensus that bind communities together- law is expression of this.

Question 4

What do functionalists argue retribution punishment does for society?

Answer 4

• Outlet for public anger at violation of public consensus
• Reasserts boundary between right and wrong
• Reinforces social regulation and control

Question 5

Marxist approach: Maintains the position of powerful

Answer 5

Laws are just an expression of ruling-class ideology. Law is a repressive state apparatus. Targeted at disadvantaged like W/C and minority ethnics.

Question 6

Weberian approach

Answer 6

Rationalisation of punishment: punishment based on impersonal rules and regulations which are administered by bureaucracies of officials rather than sovereign e.g. Kings and queens.

Question 7

Does imprisonment prevent crime?

Answer 7

Right realists: see prison as key way of deterring people by increasing costs
Interactionist: Subcultures formed in prisons, causing master status (becker) making it difficult for them re-enter conforming mainstream society
47.5 prisoners in 2010 proved to reoffend within year of being released