CRIME AND DEVIANCE - Crime, Punishment and Control - Includes Punishment and Prisons Flashcards
What are the Elements of the Criminal Justice System (CJS)?
- Police
- CPS = Crown Prosecution Service - They decide is a case goes to court based on how secure the conviction is!
- Court
- Prison
- Probation
- The Home Office
- MOJ = Ministry of Justice
Why do we have the Criminal Justice System (CJS)? HINT: There are 4 reasons here!
To prevent future crime and to punish crime that has happened:
- Deterrence = Create laws and puts them in place, such as those regarding knife crime - A threat of punishment
2.Protection of the public
- Retribution = Revenge for the victim; make the offender pay
- Rehabilitation = Does this actually happen, due to the high re-offending rates in prison? = It is populated by privileged, white men (the judges_ = There is a lack of understanding between white, middle-class judges and ethnic-minority groups in society!
How has Punishment changed over time, according to Garland?
Punishment is a very politicised issue!
‘Penal welfarism’ (putting people in prisons) has moved to ‘mass incarceration’ and now ‘transcarceration’!
What percentage of the Adult Population in the USA is inside Prison?
Around 3% of the Adult Population are inside prison in the USA!
This is includes around 37% of Black Americans; 13% of the total population!
This is 3x higher than European imprisonment rates –> Around 30-40% of the prison population is unemployed on entry to prison (deprivation issues; a link between poverty and unemployment and prison).
What else can we do instead of putting people into Prison? HINT: ‘Diversion Tactics’!
‘Diversion Tactics’ = Early intervention diverts people away from crime; this includes community initiatives, welfare, community service, probation not prison = A focus on rehabilitation; a labour and person intensive programme that is really expensive → This is liked by Left Realists as it fights back against marginalisation and increases Bonds of Attachment!
What do we do now, in regards to Control? HINT: ‘Culture of Control’!
‘Culture of Control’ = We today care more about punishments and preventing crimes (Victims want revenge; retribution), rather than rehabilitation of prisoners (they are driven by their emotional connectedness to the crime committed against them) –> This then leads to a high re-offending rate!
What are the 2 things that Punishments do (as subheadings)? HINT: Reduction and Retribution!
REDUCTION:
- Deterrent - ‘Short, sharp shock!’
- Rehabilitation - Education and Training
RETRIBUTION:
- Revenge
- Expresses societies outrage at criminals
- Incapacitation = Prison / Executions / Chemical Castration
What is the Functionalist Perspective on Punishment?
They believe that punishments are needed for boundary maintenance.
They reaffirm social solidarity, asserts the collective conscience!
They believe that punishments fit the crime and it does something positive for society (both crime and punishments)!
What is the Marxist Perspective on Punishment?
They believe that punishments are controlled by the ruling-class ideology with system in place like the RSA!
They believe punishments enable the rich to maintain over the poor, which helps to prevent a proletariat revolution!
Punishments divert our attention away from structural inequality; they act as a distraction to capitalism and prevents capitalism from being overthrown!
Links to Hall and ‘Policing the Crisis’ (Distracting people from the failures of capitalism)!
(MARXISM) What do Rusche and Kirchheimer argue, in regards to the Marxist perspective? HINT: Prisons are the main form of punishment as you can recall workers + bureaucracy now deal with prisons,; used to be factory owners!
Capitalism uses punishment depending on what type of economy (don’t execute if workers are needed; can’t fine if there is a lack of money etc) = Prisons are the main punishment as you can recall workers if needed!
There is a plethora of workers; they can be put into prisoners and taken out when needed for labour!
The aristocracy used to punish the poor –> Factory owners could punish workers (it was their responsibility = Quicker punishments given out).
Now, a bureaucratic, impersonal system does this (now this is in the hands of a fairer, democratic system) = Individual factory owners used to be able to determine punishments for their workers!
What do Left-Realists argue in regards to Punishment?
Punishments should be rehabilitative - Punishments should tackle the issues that cause crime in the first place = Reformation, community projects, AA meetings etc - They don’t say that punishments are not needed; they believe they should target the causes of crime!
What do Right-Realists argue in regards to Punishment?
Punishments should follow the theme of Zero-Tolerance; harsh punishments - It is a rational choice and offenders deserve to be punished!
What ‘School of Thought’ does the Sociologist Foucault belong to?
Postmodernism!
(FOUCAULT) How are we Controlled in Society?
- Social Control
- Hirschi = Bonds of Attachment
- Agents of Control = Media
- RSA and ISA - Althusser
- Heidensohn - Female control
(FOUCAULT) What is Surveillance?
Surveillance = Monitoring, observing, gathering information to regulate, manage or correct behaviour for the purpose of crime control and punishment!
Who identified ‘Liquid Surveillance’? HINT: Links to ‘Liquid Society’!
Bauman!
(BAUMAN) What does he say ‘Liquid Surveillance’ is?
All the ways we are monitored and tracked, which happen all around us, happen all the time –> Think of ourselves and our data as fluid; flowing and seeping throughout every part of our lives, watching over everything we do! = Are we every truly alone?
(FOUCAULT) How does he link to Family and Households? HINT: Surveillance of the Family!
Surveillance of the family = He claimed that professionals had entered into the domestic sphere and acted as surveillance, reporting on families and gathering data etc!
He sees surveillance is a form of social control and increases the power of the state!
(FOUCAULT) What does Surveillance do? HINT: There are 5 Examples here!
- Sense of security and safety
- Provide good evidence after they have happened
- Feel protected
- Track and monitor people’s routines
- Deterrence from committing crimes
What Sociologist asks the question: ‘Are we a Surveillance Society’?
Postmodernist, Lyon!
(LYON - ‘Surveillance Society’) What does he argue in regards to how much our lives are surveilled?
He says our lives are transparent and there is a lack of privacy in our lives = Do we expect this; giving away our data with a lack of protection from VPNs / accepting cookies and terms and conditions without reading them??
However, we are also more accepting of this and we take it as expected that Government agencies will hold information about us!
(LYON - ‘Surveillance Society’) What 2 Types of Surveillance does he argue that we experience in life? HINT: External and Internalised!
EXTERNAL (COVERT OR OVERT) SURVEILLANCE = CCTV cameras in public places as well as other means (EG: Tracking of websites visited or card payments made).
INTERNALISED SURVEILLANCE = We monitor ourselves (Links to the Panopticon)
(FOUCAULT) What are the 4 Different Types of Surveillance?
SURVEILLANT ASSEMBLAGES (The creation of a ‘digital self’ from our online habits and trails) = Masses of data is assembled and merged to create a ‘data double’ or a ‘digital self’ - you can be ‘known’ even if you have never been ‘met’ in person –> Digital self online = A picture of you can be assembled from your online habits!
SOUS SURVEILLANCE (Watching those above us) = The public can watch and report on the powerful (EG = Filming police interactions with the public via mobile phones) = Surveilling the agencies in societies!
SYNOPTIC SURVEILLANCE (Watching each other) = Mathesion says we ‘watch’ each other (Facebook stalking!) or media tracking and monitoring of politicians –> Lings to Ring Doorbells!
SELF SURVEILLANCE (Watching ourselves) = We monitor and control our own behaviour for the fear of being judged by others. EG = The fear of being judged as a ‘bad mother’ and the link to social desirability!
What is the Panopticon?
Who designed it?
What purpose does it serve?
The concept is to allow all prisoners of an institution to be observed by a single corrections officer, without the inmates knowing whether or not they are being watched.
Designed by Jeremy Bentham = 1791!
- For incarceration of prisoners
If you wan to build the perfect prison, you have to make the prisoners believe they are being watched 24/7 = They do not need to be surveilled all the time, you just need to make people believe they are being watched, in order to make them Self Surveil! - Cells around a tower where the officers would ‘watch them from’; shine lights into the cells so you can see in and they cannot see out = They would self-surveil themselves; this links to Elf on the Shelf and how children change their behaviour and self-serveil themselves as ‘Santa is watching them’!
Power makes us comply and survey ourselves!