Punishment Flashcards
What are the 4 justifications for punishment?
Deterrence
Rehabilitation
Incapacitation
Retribution
What is deterrence?
Punishment used to discourage others from crime
What is rehabilitation?
Punishment which aims to reform and educate prisoners, preparing them for a different way of life
What is incapacitation?
Punishment designed to physically prevent someone from reoffending
What is retribution?
Punishment that makes the criminal suffer for what they’ve done
Functionalism: what are the functions of punishment (Durkheim)?
Social Solidarity
Boundary maintenance
Functionalism: what type of punishment is used in traditional societies?
Retributive - punishments are expressive and cruel, designed to show society’s anger at the criminal
Functionalism: what type of punishment is used in modern societies?
Restitutive - punishments are instrumental, designed to repair the damage done by the crime
Functionalism: how can we evaluate this view?
Traditional societies often had restitutive forms of punishment. For examples, blood feuds (murders between clans) were often settled with compensation, not execution
Marxism: what is the function of punishment?
Maintain the existing social order (keep the bourgeoisie in charge) as part of a repressive state apparatus
Marxism: what is a repressive state apparatus (Althusser)?
A tool which governments use to maintain control through physical force, e.g. the army, prison
Marxism: how is imprisonment similar to capitalism’s way of producing goods?
Melossi & Pavarini - in the same way that capitalism puts a price on worker’s time, prisoners ‘do the time’ to ‘pay’ for their crime. Both have strict discipline and involve a loss of liberty
Marxism: how can we evaluate this view?
Functionalists would argue this is too negative. For them, punishment has positive elements, such as creating social solidarity among the rest of society
Foucault: what does he say about surveillance?
It has become more common and is now used to maintain control over people both inside and outside prison
Foucault: what is sovereign power?
Sovereign power: until approximately 1800, monarchs held power in society and punishment was brutal against the body