Topic -Punishment

Question 1

what are the 2 justifications of deliberately inflicting harm as punishment?

Answer 1

• reduction
• retribution

Question 2

explain reduction in regards to justifying punishment involving harm

Answer 2

• it prevents future crime through:
• deterrence- punishing individual discourages future offending
• rehabilitation- punishment can reform offenders so they no longer offend
• incapicitation- punishment that removes offenders capacity to offend e.g. execution or castration

Question 3

is reduction instrumental or expressive?

Answer 3

instrumental

Question 4

explain retribution in regards to justifying punishment involving harm

Answer 4

• means paying back
• rather than preventing future crimes it is the idea that offenders deserve to be punished

Question 5

is retribution expressive or instrumental?

Answer 5

• expressive of societies outrage

Question 6

what is the functionalist approach to 2 types of justice?

Answer 6

• retributive justice
• restitutive justice

Question 7

what perspective and who had an approach of punishment of 2 types of justice?

Answer 7

• functionalists
• durkheim

Question 8

what is retributive justice?

Answer 8

• a system of criminal justice based on the punishment of offenders rather than on rehabilitation.

Question 9

what is restitutive justice?

Answer 9

• process through which parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future.
• restoring things to how they were before the offence

Question 10

what is the marxist approach to punishment?

Answer 10

• the punishment of the crime should be appropriate for the acts performed.
• it should also take into account the social class of which the perpetrator is a member.
• the main purpose of punishment should be simply to ensure that society is maintained and protected.

Question 11

what did rusche and kirchhemer argue about penal systems?

Answer 11

• each type of economy has its own corresponding penal system
• money fines are impossible without a money economy

Question 12

what do melossi and pavarini say about imprisonment?

Answer 12

• reflects capitalist relations of production
• capitalism puts a price on workers time: prisoners do time to pay for their crime
• prison and capitalist factory have similar disciplinary styles