Crime And Deviance - Surveillance & Punishment Flashcards
SOCIOLOGIST: What is the role of punishment in crime control & prevention, according to Newburn?
Discourage from reoffending (rehabilitation/deterrence)
Force them to make amends to victims (restorative justice)
Protect society from those who are dangerous
Reinforce social values & bonds
Punish them (because they deserve it)
How has punishment changed over time?
Public spectacles e.g. public hanging -> more private (life imprisonment/fines etc)
Sadistic punishments still found in some societies today (public executions still found in some Muslim countries today)
SOCIOLOGIST: What does Foucault say about the changing form of punishment?
Decline in public punishment is related to changes of structures of power (sovereign power-> disciplinary power)
Change is due to the panopticon -> prisoners had to exhibit self-discipline (internalised disciplinary power) & changes their behaviour
What is the panopticon?
A prison design where prisoners are visible to the guards at all times
SOCIOLOGISTS: What do Rusche & Kircheimer (Marxists) say about the changing form of punishments?
Punishments are a part of a system of social control & class domination in unequal societies
Punishments have changed from public spectacles to contemporary use of criminals as cheap labour in prisons (due to changing economic interests of dominant class)
Brutality rose while there’s lots of labour & declines in labour shortage
What do Functionalists say about punishment?
Argue society can only function in a value consensus that forms a collective conscience & laws are expressive of it
Punishment can:
Reasserts boundaries between right or wrong (reestablishes social order)
Reinforces social regulation & control
Reaffirms collective values & laws (expression of them)
EVALUATION: What are some criticisms of the functionalist approach to punishment?
Marxists -> assumes laws follow value consensus & ignores inequalities in £££ & power
Punishments may not assist in reestablishing social order but instead threatens it & makes it worse (prisons often prove to be manufacturing crime then deterring it)
What do Marxists say about punishment?
Argue laws are expressive of the ruling class ideology
Rushe & Kirchenheimer
Unequal distribution of punishment reflected in the unequal distribution of power & criminal law & CJS is directed against most disadvantaged in society e.g. poor/minority ethnic groups
CJS & media focus on w class crime (diverts from crimes of the powerful)
SOCIOLOGIST: What does Althusser say about punishment?
Punishment part of the repressive state apparatus (means of keeping population in line)
EVALUATION: What are some criticisms of the Marxist approach to explaining punishment?
Left realists -> It is difficult to see all punishment linked to the dominant ideology (some argue w class fill prisons because they commit more harmful crimes & their victims are often other disadvantaged individuals)
What is the weberian approach to explaining punishment?
modern societies undergone rationalisation -> legal-rational authority
• Punishment based on impersonal rules & regulations administered by complex bureaucracies of officials rather than arbitrary treatment by monarchs
• Democratic societies -> rules governing punishment based on legislation decided by elected govts -> gives them claim to being legitimate in eyes of the public & reasonable for offenders to comply with
- State only has power to punish offenders
- CJS has complex hierarchical bureaucratic organisation with range of professional groups e.g. police dealing with offenders in tightly managed impersonal process which governs form of punishment e.g. type/length of sentences
EVALUATION: What is a criticism of the Weberian approach to explain punishment?
Issues surrounding extent to which rules & regulations are fair & extent to which officials follow them (many miscarriages of justice)
What do right realists say about prison?
It is a key way of deterring people from crime
AO2: What is the research by the Downing Street strategy & what does it suggest?
There has been 22% increase in prison pop since 1997 & estimated to reduce crime by 5% (prisons often prove doesnt seem to work well)
SOCIOLOGISTS: What does Boorman & Hopkins say about imprisonment?
Crime has a range of social causes (former prisons had chaotic childhoods (many experience abuse)) & prison can make pre-existing problems worse e.g. stigmatisation (reduces job opportunities).