Punishment Flashcards
Punishment in the past?
was physical and brutal
- retribution (revenge) - was the aim following biblical passage of “an eye for an eye”
- punishment often hanging or burning
- prison held people while punishment was though of
Punishment today
severe prison sentences as a means of treating the worst types of crime
e.g. life sentences
eval - retribution does little to prevent recidivism
Marxists perspectives on punishment
- Marxists claim that the function of punishment is to maintain the existing social order. Punishment is part of the repressive state apparatus which serves to defend the interest of the ruling class.
- Many methods of punishment are seen as being part of an approach to ‘rule by terror’ by the state, and its mostly poor, working-class people who are caught, prosecuted and punished.
- Prison places are overwhelmingly filled with working-class people. Marxist believe that this is not a coincidence, but a convenient way for the working-class rebels off the streets.
Functionalists’ perspectives on punishment
Functionalists believe that a key feature of punishment is to uphold social solidarity and reinforce societal norms and values
- Punishment expresses society’s dissatisfaction with crime and that crime will not be tolerated. It allows the world to have a sense of moral unity.
- Dukheim highlighted that the need for punishment is to help ‘repair the wounds inflicted on society’.
- Hangings outside the Tower of London used to be very popular. In more recent times, functionalist views have influenced the criminal justice system in allowing court trials to have public viewing galleries. This allows the public to see that justice is being served, and that crime is taken seriously.
What is the function of punishment?
What forms does punishment take?
SIMPLE RETRIBUTION:
> punishment to teach the offender a valuable lesson - should reflect severity of crime
EVALUATION:
> It does little to reduce recidivism (repeat offending) most ppl commit crime again
DETERRENCE:
>punishment is designed to prevent an offender from committing future crimes - prison sentence designed to make prisoners not want to return
Evaluation:
> There is no evidence of deterrence, around 50% of offenders end back up in prison, therefore showing that the punishment is not successful.
REHABILITATION:
> Help\ support for an offender in order to turn their life around e.g. drugs rehab
Evaluation:
>for this to be effective, offenders must want to change their life around. However, there is little evidence it is successful
PROTECTION OF THE PUBLIC:
> This may involve the offender not being able to commit crime again - electric tag prevents people going out their house - house arrest.
Evaluation:
> these are very costly and huge cuts to policing budgets mean that officers are over stretched as it is.
RESTORATIVE JUSTICE:
> Schemes which allow offenders to show that they are sorry and to make amends to victims.
Evaluation:
> Right realists claim that such punishments are too soft, and they call for a much tougher approach to punishment instead.