punishment Flashcards
what is a punishment
intentional causing of harm to someone because they have done something that we believe as a society is wrong
what are some examples of a punishment
fines
prison
discipline
mental health institution
community service
elecrtrnic monitoring tag
Reduction- how does punishment prevent future crime
deterrence- offenders are made as an example and people fear the punishment and wont do it
incapacitation- removing the offenders ability to offend again (never released)
criminalisation- actions are verified as crimes so people wont do them
rehabilitation- the idea that punishing the offender can lead them to be reformed citizens. they learn from their lessons and no longer offend.
how does punishment act as a retribution (paying back to society and victims)
punishment is meant to be fair,and it is based on the idea that offenders deserve to be punished- and that society is entitled to take revenge
-national security, people are locked away when they do something bad and therefore cant commit more crime
reformed citizens- people go to prison, realise what they have done is bad and come out as a better citizen
victims and families receive justice when their offender is in prison
what is the funtionalist function of punishment
Durkheim-
uphold social solidarity- it creates a togetherness in society.
belief in retribution- punishment expresses societies emotions and benefits the public and brings a sense of unity.
what is the marxist function of punishment
class causes crime
punishment serves the middle class interests
punishment is a form of repressive state apparatus- punishment is to maintain existing social order and defend ruling class means
punishment by the criminal justice system is unfair, as more punishment is given to the w.c, ethnic minorities, and homeless
REASSERTS M.C. POWER
has imprisonmnet decreased or increased
INCREASe.
prison population has nearly doubled from 1990 to now
is it true that punishment stops people recommiting crime
no as 2/3 of prisoners commit further crime
what was garlands opinion on penal welfarism
1950s and before- society focused on catch punish and reintegrate offenders back into society (penal welfarism)
now- society doesnt care about rehab or penal welfarism.
There main concern is reassuring society that crime is being dealt with and they are tough on crime
Garland- why has society abandoned the penal welfarism approach
risk management- state identifies groups who are at risk of commiting crime. Preventative approach
state has entered mass incaraceration era; increasing amounts of people are being jailed .
e.g. prisons are running out of space
politicians like to focus on being “tough on crime” to win elections, as people are increasingly worried about crime
what are the evaluations of garland
too simplistic- it doesnt include other agencies of social control
what is transcarceration
idea that people become locked into a cycle of control and constantly shifting between different prisons.
which sociologist discuss zero tolerance policy
policy means that there is no exceptions to crime regardless of the context
why should community based control be used on young offendors rather than jail
jail can cause self fulfilling prophecy at a young age turning them into major criminal
community based control such as curfew or community service prevents self fulfilling prophecy
what is the left realist view on punishment and prison
left realists believe prison is ineffective and doesnt reduce crime.
what do left realists think would be a better approach to crime
punishment needs to be combined with “reintegrative shaming”- facing offenders with the consequences of their action and family conferences which will cause offenderes to want to heal and reintegrate into society
what is reintegrative shaming and family conferences
Left realist opinion on how punishment shouldnt be jail but it should be practice which involves offender making up for the harm they have caused
facing offenders with the consequences of their actions.
family conferencing- shows offender the effects their actions has taken on their family, makes them want to change.
why do left realists believe that the victim and offender should meet
For the victim- resolved unanswered questions, let go of anger and move on with life
offender- understand impact of actions and help prevent reoffending