Crime - Prevention and Punishment - Flashcards

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1
Q

What are the 5 aims of punishment?

A
Protection 
Retribution 
Deterrence
Reform 
Vindication (to prove right)
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2
Q

What is Foucault’s changing nature of punishment?

A

Before 19th century - Sovereign power (physical punishment - public) external
- This was to create absolute fear and ultimate deterrence. - confession was seen as giving them a chance in the afterlife after suffering on this earth.
19th century - Disciplinary power (courts - private) internal.
- silence and reflection (surveillance). - aims to rehabilitate.
Disciplinary replaced sovereign as surveillance is more efficient (technology of power)

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3
Q

What is the panopticon?

A

Link to disciplinary power.
Designed by by Jeremy Bentham.
Prisoners have to behave like they are being watched at all times (due to layout of it) - surveillance becomes self - discipline.

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4
Q

What is carceral archipelago?

A

‘Series of prison islands’
Adds to idea of self surveillance as it spreads into other institutions and wider society to exercise surveillance over population.
PANOPTICON IS A MODEL OF HOW POWER OPERATES IN SOCIETY AS A WHOLE.

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5
Q

What is the ‘prevent strategy’ and how does it apply to Foucaults ideas?

A

Preventing terrorist strategy
Everyone in professional industry has training to spot extremism.
- more than 20 referred a day (nearly half children)
- 75000 referred - 3100 under 18.
Strong form of surveillance (carceral archipelago).

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6
Q

What are criticisms of Foucault? 3

A
  • suggests that emotional aspect of punishment has disappeared - we are still emotional and care e.g. Islamic punishment.
  • exaggerates extent of control and power of surveillance - Gill and Loveday (2003) criminals weren’t put off by CCTV.
  • CCTV extension of male gaze (Koskela 2012) - male camera operator to objectify women even further.
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7
Q

What was Mathiesen’s (1977) theory about surveillance?

A

Argues media surveillance as further form of surveillance.
SYNOPTICAN - where everybody watches everybody
e.g. social media, dash cams, go-pro’s, all cameras
– this allows people to ‘control the controller’ e.g. filming police doing wrong.
- Mann (2003) calls this SOUSVEILLANCE - surveillance from below.

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8
Q

Evaluation of Mathiesen? 2

A
  • McCahill (2012) - ‘hierarchies of surveillance’ - police have power to confiscate cameras and phones of ‘citizen journalists’.
  • We don’t think on a day to day basis that we are being watched - over estimates power (like Foucault).
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9
Q

What are surveillant assemblages?

A

Haggerty and Ericson say that surveillance is now digital and all work together in a cyberspace rather than physical bodies in a physical space.
(the idea that all the digital forms of surveillance can work together is a surveillant assemblage)
e.g. CCTV footage analysed using facial recognition, cookies.

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10
Q

What is actuarial justice and risk management?

A

Risk of an event happening - !aims to prevent before it happens!
Freely and Simon (1994) - people are profiled and given a risk score - anything above a certain level can be stopped, searched and questioned e.g. airports.
David Lyon (2012) - categorical suspicion: people placed under suspicion because of social characteristics.

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11
Q

Evaluation of actuarial justice and risk management? 1

A
  • danger of self-fulfilling prophecy - certain people targeted more so therefore more of them are going to be found guilty even though there is an equal chance between all - appears to validate original suspicion and statistic. e.g. targeting of young black males.
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12
Q

What are the 2 main types of punishment?

A

reduction: prevents future crimes.
– deterrence, rehabilitation, incapacitation.
INSTRUMENTAL JUSTIFICATION - punishment is to reduce crime.
Retribution: to ‘pay back’.
EXPRESSIVE JUSTIFICATION - expresses societies outrage.

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13
Q

What is the functionalist perspective on punishment? 2 types of justice?

A

Durkheim (1893) - punishment is primarily expressive: expresses societies emotional outrage.
- justified through ‘rituals of order’ (court, prison) - reinforces social solidarity.
2 types of justice for 2 different types of society:
- retributive - in traditional society (no D.O.L)
everyone is the same and does same job - strong collective conscience. PUNISHMENT IS SEVERE AND EXPRESSIVE.
- restitutive - modern society (D.O.L)
we need others to perform their role so PUNISHMENT AIMS TO RESTORE THINGS and instrumental.

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14
Q

What is the marxist perspective on punishment?

A

Function of punishment is to maintain existing social order. (part of repressive state apparatus- defend ruling class property against lower classes.
Melossi and Pavarini (1981) - prison reflects capitalist work place.
- puts price on workers time (do time to pay for offence)
- same strict disciplinary style (sub to those in authority).
Downes (2001) - US prison ‘soak up’ 30 - 40% of unemployed to make capitalism look more successful.

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15
Q

What is the role of prisons today?

A

Prison is most serious form of punishment.
- however not seen as effective: recidivism rate is 50-70% in all prisons. (expensive way of making bad people worse? - £40,000 a year per prisoner)
New Labour (1997) - prison should also be for persistent petty offenders as a deterrent - LEAD TO DOUBLE AMOUNT OF PRISONERS 85,000.

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16
Q

What did David Garland (2001) say about changing role of prisons?

A

ERA OF MASS INCARCERATION
no longer about incarceration but systematic imprisonment of whole groups of people (young, black males)
- reason is growing politicisation of crime control - consensus of ‘penal welfarism’ that punishment should reintegrate offenders into society.
BUT changed to consensus - ‘tough on crime’ policies.

17
Q

What are the statistics for black imprisonment?

A

In the US - black people make up only 13% of population but make up 37% of prisons
6 TIMES MORE LIKELY TO BE IN PRISON.

18
Q

What is ‘transcarceration’?

A

individuals become locked into cycle of control in their lives (link to Foucault carceral archipelago)
result of blurred boundaries between criminal justice system and welfare agencies.

19
Q

What are the alternatives of prisons for young offenders?

A

Usually aim to ‘divert’ young offenders - avoid self-fulfilling prophecy through non - custodial community controls (probation, tagging, curfews)
– these forms of control have increased but so so custodies of young people.
Stan Cohen argues growth of community controls has ‘cast a net’ over more people. - enables control to sink deeper into society.
Diverts young people into it more rather than away?