Forms and Functions Flashcards
Garland - changing attitudes to crime
Garland (2001):
In the 19th century – public protection and retributive justice were key. Punishment upon the body.
In the 20th century we saw a change to rehabilitation and reform. However since the 1970’s we have seen a change back to retribution.
21st century- Retribution – Newburn 2007 – we have seen a huge increase in imprisonment with the number doubling between the 70s to 2014 (increased rhetoric in media and politicians on cracking down)
Garland - penal welfarism
He argues that in the 1950s the state practised ‘penal welfarism’ – in which the criminal justice system did not just try to catch and punish offenders, but also tried to rehabilitate them, so that they could be reintegrated into society.
However, since the 1950s individual freedoms have increased, while social bonds have weakened, life is more uncertain and less predictable, and (despite the fact that crime is now decreasing) the public are more worried about crime than ever.
As a result, the state has now abandoned ‘penal welfarism’, it is much less concerned with rehabilitation and reintegration of prisoners, it’s primary concern is now convincing the public that it is taking a tough approach on crime and reassuring communities that something is being done about crime.
Crawford and Evans - crime reduction
Victim surveys note that most crime never gets reported and Crawford and Evans found the emphasis on crime reduction has been changing to include more prevention rather than prosecution. There has been a growing recognition that the CJS needs to focus on the needs of the victim as well as punishing the criminals more heavily.
Rusche and Kirchheimer - labour markets influencing punishment
Rusche and Kirchheimer (1968 [1939]) show how historically labour market dynamics influence methods of punishment in a society. For example, harsh physical punishments (e.g. whipping) were replaced by work related labour punishments as capitalism needed the able bodied worker. Further, they suggest that punishment for the working-classes evolved to be harsh because of their alienation and lack of commitment to the law.
Statistics - marginalised ending up in prison
10% of men and 30% of women have had a previous psychiatric admission to hospital before they come into prison.
48% of all prisoners are at, or below, the level expected of an 11 year old in reading, 65% in numeracy and 82% in writing.
71% of children in custody have been involved with, or in the care of, social services before entering custody.
Goffman - total institutions
Erving Goffman (1961) argued that places such as mental asylums, concentration camps and prisons function as ‘total institutions’ – places which are closed off to the outside world and where inmates’ lives come under the complete control of the institution.
According to Goffman, becoming an inmate in a total institution involves a process of “mortification of the self” – inmates are subjected to degrading and humiliating treatments designed to remove any trace of individual identity. For instance, personal clothing and items are confiscated, inmates are strip searched, their heads are shaved, and they are issued an ID number.
