Role of punishment: Flashcards
P1: What is the Right Realist argument about punishment and crime prevention?
Punishment acts as a deterrent by making potential offenders fear consequences, assuming people rationally weigh costs/benefits before committing crimes.
How does deterrence theory justify harsh penalties?
Swift/severe punishments (e.g., long sentences for knife crime) aim to “make an example” of offenders, discouraging others.
What is a limitation of deterrence theory?
It assumes rational decision-making, ignoring impulsive crimes (e.g., alcohol-fueled violence) or crimes of desperation.
Why might deterrence fail for marginalised groups?
Those already excluded from society (e.g., homeless, addicts) may not fear prison, seeing it as inevitable rather than a deterrent.
P2: How does rehabilitation aim to prevent crime?
It reforms offenders through education/therapy, addressing root causes of criminal behaviour (e.g., illiteracy, unemployment).
How does this link to the essay question?
While deterrence has theoretical appeal, its real-world effectiveness is limited, especially for non-rational or desperate offenders.
What is an example of rehabilitation in practice?
Prison vocational training programmes (e.g., carpentry, coding) designed to equip inmates with skills to avoid reoffending.
What undermines rehabilitation in prisons?
Overcrowding, violence, and limited access to education/therapy lead to high reoffending rates (~25% adults, ~37% juveniles).
Why is rehabilitation theoretically effective?
It offers long-term prevention by changing offenders’ lives, unlike short-term punitive measures.
How does this critique punishment as prevention?
Current punitive systems often fail to rehabilitate, suggesting punishment alone isn’t the best way to reduce crime.
P3: What is incapacitation’s role in crime prevention?
It removes offenders from society (via prison) to physically stop them reoffending—a short-term solution.
How does mass incarceration (Garland, 2001) link to this?
Systems like the US imprison large groups (e.g., young Black men), “managing” unemployment/crime statistically
What is a key flaw of incapacitation?
It ignores root causes of crime (e.g., poverty) and worsens stigma, creating cycles of reoffending post-release.
How would Marxists critique this approach?
They argue prisons ideologically control the working class, masking capitalism’s failures rather than preventing crime.
How does this weaken “punishment as prevention”?
Incapacitation may reduce crime rates temporarily but fuels long-term social harm, making it an unsustainable solution.
P4: What are community sanctions, and how do they function?
Non-custodial measures (e.g., tagging, curfews) widen state control (Cohen) by surveilling minor offenders.
What is “transcarceration”?
The cycle where individuals move between institutions (prison, probation, mental health services), entrenching deviance.
How might punishment increase crime?
Interactionists argue labelling theory—punishment stigmatises people, pushing them into criminal careers.
What alternative do Left Realists propose?
Tackling inequality (e.g., better housing, jobs) to prevent crime at its source, not just punishing offenders.
Final link to the question?
Punishment often fails as prevention; alternatives addressing social causes may be more effective long-term.