Punishment Flashcards

1
Q

What are the 4 justifications for punishment?

A

Deterrence
Rehabilitation
Incapacitation
Retribution

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2
Q

What is deterrence?

A

Punishment used to discourage others from crime

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3
Q

What is rehabilitation?

A

Punishment which aims to reform and educate prisoners, preparing them for a different way of life

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4
Q

What is incapacitation?

A

Punishment designed to physically prevent someone from reoffending

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5
Q

What is retribution?

A

Punishment that makes the criminal suffer for what they’ve done

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6
Q

Functionalism: what are the functions of punishment (Durkheim)?

A

Social Solidarity
Boundary maintenance

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7
Q

Functionalism: what type of punishment is used in traditional societies?

A

Retributive - punishments are expressive and cruel, designed to show society’s anger at the criminal

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8
Q

Functionalism: what type of punishment is used in modern societies?

A

Restitutive - punishments are instrumental, designed to repair the damage done by the crime

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9
Q

Functionalism: how can we evaluate this view?

A

Traditional societies often had restitutive forms of punishment. For examples, blood feuds (murders between clans) were often settled with compensation, not execution

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10
Q

Marxism: what is the function of punishment?

A

Maintain the existing social order (keep the bourgeoisie in charge) as part of a repressive state apparatus

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11
Q

Marxism: what is a repressive state apparatus (Althusser)?

A

A tool which governments use to maintain control through physical force, e.g. the army, prison

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12
Q

Marxism: how is imprisonment similar to capitalism’s way of producing goods?

A

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

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13
Q

Marxism: how can we evaluate this view?

A

Functionalists would argue this is too negative. For them, punishment has positive elements, such as creating social solidarity among the rest of society

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14
Q

Foucault: what does he say about surveillance?

A

It has become more common and is now used to maintain control over people both inside and outside prison

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15
Q

Foucault: what is sovereign power?

A

Sovereign power: until approximately 1800, monarchs held power in society and punishment was brutal against the body

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16
Q

Foucault: what is disciplinary power?

A

Disciplinary power: after approximately 1800, it became easier to control people’s minds than their bodies through more efficient surveillance technologies

17
Q

Foucault: what is the panopticon?

A

A prison designed so that a few guards can watch all prisoners at once. Prisoners engage in self-surveillance because they could be being watched at any time

18
Q

Foucault: how can we evaluate this view?

A

It exaggerates the control that surveillance has over people. Prisoners and extreme mental health patients, for example, still resist despite being under surveillance

19
Q

Garland: what does he mean when he says we are in an era of mass incarceration?

A

The US, and to a lesser extent UK, are imprisoning more people than ever

20
Q

Garland: who makes up the majority of the prison population?

A

Young, poorly educated males. Black people and ethnic minorities are over-represented. This suggests these groups are being targeted for prison

21
Q

Garland: what is transcarceration?

A

Individuals become locked in a cycle of control, shifting between different agencies throughout their lives. E.g. growing up in care, being sent to prison, then entering a mental hospital

22
Q

Garland: how can we evaluate this view?

A

SUPPORT: incarceration is not effective at rehabilitating prisoners. 2/3 of prisoners commit further crimes upon release, trapping people in the cycle of prison