Theories of Punishment

Question 1

what are the 3 instrumental reasons for punishing crime

Answer 1

REDUCTION through;
-deterrance
-rehabilitation
-incapacitation

Question 2

what is the expressive reason for punishing crime

Answer 2

-retribution / revenge

Question 3

give a prison in Norway that focuses on rehabilitation

Answer 3

-Bastoy prison in Norway
-16% reoffending rates in Norway , lowest in Europe

Question 4

give 5 alternatives to prison

Answer 4

-fines
-discharges
-community sentences
-probation
-suspended sentences

Question 5

what is the functionalist perspective on punishment

Answer 5

-Durkheim argues crime allows for boundary maintenance and social solidarity
-retributive justice/ revenge
-restitutive justice / compensation or reparation eg pay for criminal damage

Question 6

what is the marxist perspective on punishment

Answer 6

-punishment maintains social order and is part of the RSA

Question 7

who are the two marxist theorists on punishment

Answer 7

-Rusche and Kurcheimer
-Melossi and Pavraini

Question 8

what do Rusche and Kurcheimer argue

Answer 8

-in capitalist society prisons become the dominant form of punishment
-fines are ideal for higher classes

Question 9

what do Melossi and Pavraini argue

Answer 9

-prisons are similar to factories in a capitalist society
-eg hierarchies, subordination and loss of liberty

Question 10

what is the left realist perspective on punishment

Answer 10

-prison is ineffective at reducing crime, needs to combine with restorative justice
-offenders who did RJ had frequency of reoffending fall 27% but only 1% of prisoners have access to RJ

Question 11

give a criticism of left realism/ restorative justice

Answer 11

-does not work for sexual abuse cases

Question 12

who is the postmodern theorist for prisons

Answer 12

-Foucalt

Question 13

what does Foucalt / postmodernists argue about punishment

Answer 13

-change from sovereign power to disciplinary power
-eg prisoners under constant surveillance
-we all carry out surveillance on each other

Question 14

what did the 1997 New Labour gov argue about prison and why is it criticised

Answer 14

-prison should be a deterrant for petty crime
-led to more ppl in prison and UK has highest incarceration rate of Western Europe

Question 15

what does Garland argue

Answer 15

-US has 2.2 million prisoners and 5 million under supervision
-when stats reach this level its no longer about individual punishment but imprisoning whole groups of ppl eg young black males

Question 16

what is transcarceration

Answer 16

-sociologists argue this is where instead of prison you are transferred from agency to agency

Question 17

what do the New Right argue

Answer 17

-prison works
-prison pop doubled and increasing 3.6% a year
-reoffending rates in one year = 25% adults and 37% juveniles

Question 18

give 2 ways punishment may affect crime

Answer 18

-rational choice theory /right realism ; decreases crime to avoid punishment
-labelling theory Becker; punishing person labels them as criminal –> SFP

Question 19

what is the difference between disintegrative and reintegrative shaming

Answer 19

-disintegrative shaming excludes person from society
-reintegrative shaming stigmatises crime not the person

Question 20

what was the ban the box movement

Answer 20

-ban the ticky box used to signify a criminal offence as it may increase reoffending rates
-but also may protect the public