Punishment

Question 1

Ao1 functionalism
Durkheim

Answer 1

Dürkheim argues that the function of punishment is to uphold social solidarity and reinforce shared values
Punishment is primarily expressive and through rituals such as public trials society shared values are reaffirmed

There are two functions of punishment this is boundary maintenance and social solidarity

And traditional society is retributive and example of this is beheadings where motivation is expressive

And modern society where punishment is restitutive which is the instrumental purpose is to reform the offender

Question 2

Ao3 functionalism

Answer 2

In reality, traditional societies often had restitutive rather than retributive justice
For example, blood feuds were often settled by payments of compensation rather than execution

Question 3

Ao1 marxism capitalism and punishment

Answer 3

Marxists are interested in how punishment is related to the nature of class society and how it serves the ruling class
For Marxist, the function of crime is to maintain existing social order as part of the repressive state apparatus it is a means of defending ruling class property against the lower class
And that the form of punishment reflects the class society for example fines only work in a money economy

Similarly imprisonment reflects capitalist relations of production as capitalism puts on a price of the workers time and prisoners do time to pay for the crime

Question 4

Ao3 Marxism

Answer 4

Functionalist argue that this is too negative rather punishment serves the interest of society as a whole rather than a particular social group As members of society gain a sense of togetherness and former community against the wrongdoer. As a result, punishment reaffirms traditional Noms and values which benefits everyone as society can then run smoother.

Question 5

Ao1 Foucault surveillance

Answer 5

Foucault examines how surveillance has become increasingly common and the concept of power
Sovereign power was when monarch had power and asserted control through visible punishments on the body for example branding or limb amputations

Disciplinary power was power over the mind and souls alongside body through surveillance and this is because surveillance has been a more effective way to control people

The panopticon demonstrates this as prisoners do not know if they are being watched this means that they have to be on good behaviour all times which is self surveillance
The control happens inside the prisoner and surveillance has been expanded for example mental asylum, factories and schools. This reveals how power works in society.

Question 6

Ao3 Foucault surveillance

Answer 6

He wrongly assumes that the emotional aspects of punishment has disappeared from modern society

And he exaggerates control ignoring resistance in some prisons and mental health hospitals

Question 7

Ao1
Trends in punishment

Answer 7

Garland Argues that the USA and the UK are moving towards an era of mass incarceration
The UK imprisons a higher proportion of people than almost any other in Western Europe

There is also a trends toward trancarceration where individuals become locked into a cycle of control for example, someone might be brought up in care then sent to a young offenders institution

Some sociologist see this as a product of the blurring of boundaries between criminal justice system and welfare agencies for example health housing and social services are being given a crime control role

Question 8

Ao3 trends in punishment

Answer 8

However incarceration has not proven affective in rehabilitation about 2/3 of prisoners commit further crimes on release and prisons are an expensive way of making people worse
And the new right fears that the underclass poses a threat to social stability hence transcarceration