Prospects for Reform

Question 1

punishment and deterren

Answer 1

we want to scare people

it operates ona rational choice thought that people will weigh the pros and cons and costs and benefits

so theyll be like oh, if i steal and get caught, it’ll be a 2999 fine so i prob shouldnt

but this is problemativ

Question 2

cottino focus is on limits of deterrence

Answer 2

deterrence isn;t very good at preventting. punishment can be a scarer-away from doing crime if we are rational decision BUT there are way more factors that counteract the threatening quality of punishment

so you might think a guy won’t gangbang cuz such harsh crimes but he has his reputation, defense, love of family, etc. on the line. further, self-control, lack of shaming, etc.

Question 3

dissuading one from committing a crime: punishment isn’t the only way to do it. in japan, as cotttino says, you shame people into not doing it.

Answer 3

you can’t properly make crime and punishment proportionate, anyway

Question 4

is punishment the best way to reduce crime?

Answer 4

if we’re punishing for deterent effect, it’s not very effective

if we’re punishing for rehabilitation, well it can increase recidivism esp when humiliation or isolation

AT LEAST SOME MAJOR RESEARCH SHOWS THAT MAKING HARSHER PUNISHMENT LAWS DOESNT MEAN IT’S GOING TO REDUCE THE CRIME - THERE ARE OTHER WAYS WE HAVE TO LOOK FOR TO REDUCE CRIME, THEN

Question 5

SO, we’re looking for other ways of reducing crime? what kinds?

Answer 5

cottino says we could have peaceful responses to crime - restorative and reparative

like in navajo family-input (when ur relative commits a crime he is showing disregard for relationships and did you teach him that? you gotta get in there and help and then there is correction for the action not the offender) and hawaii ho’oponopono. but does this work for urban anonymity america??

Question 6

is american culture of dealing with punishment bad?

Answer 6

we are punitive culture. we don’t reintegrate and accept offenders back into soceity well

Question 7

punishment in our culture hurts recidivism

Answer 7

we place lots of import on punishing offenders but almost none on reintegrating them

this just means they will commit crimes again and/or suicide.

Question 8

how do we reintegrate better?

Answer 8

enter douglas - rituals! - and maruna who applies them:

we have such strict emotive rituals for punishing but none for accepting them back. we need to do that - BECAUSE RITUALS DON’T JUST EXPRESS MENTAL STATES, THEY CREATE THEM

so rituals for reintegration would need to be symbolic and emotive, repeated, involve community