PUNISHMENT

Question 1

FOUCAULT: different forms of PUNISHMENT

SOVEREIGN POWER

DISCIPLINARY POWER

Answer 1

SOVEREIGN POWER:
Public forms of punishment
and physical punishment
were forms of showing
power by monarchs rather
than deterring criminal
behaviour.

DISCIPLINARY POWER:
Decline in sovereign power
and new forms of state power moved punishment to
disciplinary power which
includes surveillance and
monitoring.

Question 2

JUSTIFICATIONS of PUNISHMENT:

REDUCTION

RETRIBUTION

Answer 2

REDUCTION through DETERRENCE (
punishing an individual discourages them from future offending)
and REHABILITATION: punishment can be used to CHANGE offenders so they NO LONGER OFFEND, through PROVIDING EDUCATION and ANGER MANAGEMENT courses.

RETRIBUTION means ‘PAYING BACK’, PUNISHMENT is JUSTIFIED as OFFENDERS DESERVE TO BE PUNISHED, SOCIETY is ENTITLED to take REVENGE on OFFENDERS for BREACHING MORAL CODE. This is an EXPRESSIVE VIEW of PUNISHMENT: EXPRESSES SOCIETY’s OUTRAGE.

Question 3

DURKHEIM: RETRIBUTIVE JUSTICE and RESTITUTIVE JUSTICE

Answer 3

RETRIBUTIVE JUSTICE:
TRADITIONAL society, SOLIDARITY is based on SIMILARITIES BETWEEN EACH OTHER, produces COLLECTIVE CONSCIENCE, so when OFFENDED is RESPONDED with VENGEFUL PASSION TO REPRESS the WRONG DOER: PUNISHMENT is SEVERE and PURELY EXPRESSIVE.

RESTITUTIVE:
MODERN SOCIETY, SOLIDARITY is based on INTERDEPENDENCE BETWEEN others. CRIME damages this, NECESSARY to REPAIR DAMAGE: COMPENSATION. AIMS to RESTORE how things were. Its MOTIVATION is INSTRUMENTAL: restore SOCIETY’s BALANCE.

Question 4

PURPOSE of PUNISHMENT:

Answer 4

Rehabilitation– Discourage reoffending

Deterrence– To prevent other people from offending in the future.

Restorative Justice– To force criminals to make amends to the victims they have harmed.

Protection of society – Incapacitation takes the offenders out of society so they are unable to harm others.

Boundary Maintenance – To reinforce the social norms and values and remind people of what is acceptable.

Retribution – Because the criminals deserve to be punished for their crimes

Question 5

PRISON

Answer 5

the ULTIMATE DETERRENT, both CONTROLLING CRIME and PUNISHING OFFENDERS.

Question 6

PRISONS are EFFECTIVE FORMS of PUNISHMENT:

Answer 6

Keeps society safe from
dangerous criminals.

Resocialisation into
social norms and Values

Education to prevent
recidivism.

Bad experiences in
prison will stop
reoffending.

Question 7

PRISONS are NOT EFFECTIVE FORMS of PUNISHMENT:

Answer 7

School of crime

Leads to Labelling which
can cause reoffending.

High recidivism rates
show it is not effective.