Week Twenty - Summary Flashcards
Punishment has several ‘purposes
Punishment has several ‘purposes’ – not just the stated intent of those imposing the penalty
Punishment has several ‘meanings
Punishment has several ‘meanings’ – some of which may not be received as intended
General…
Punishment is much more than just a “means of dealing with offenders so that the rest of us can lead our lives untroubled by them …” (Garland)
Punishment is deeply embedded in our culture, our conceptions of agency and therefore of self, our idea of authority and government
This explains why debates about punishment typically arouse strong emotions … with implications for penal reform
There are many ‘justifications of punishment’
There are many ‘justifications of punishment’
None of them is much help about either the amount of punishment … or its form
The formal ‘justifications of punishment’ may propose grounds for punishment, but fail to explain why we punish as we do
The case for hard punishment rests on two beliefs…
The more punishment there is, the safer we are
Punishment is the only / best way to vindicate the harm done and to annul the wrong
Reasons to disagree with both these beliefs
Limitations of the Penal System…
“… we are tempted to adopt barbarous measures out of disappointment, or foolish ones of out despair, simply because we fail to achieve what we have no right to hope for in the first place.” (Hyman Gross)
Good Punishment…
Anticipates a time offender will be fully reinstated
Has some sort of conclusion
Is socially inclusive – not least because social exclusion leads to more crime
Is administered with an awareness that the offender is one of us, not an ‘other’
Always seeks legitimacy – with the offender and with others
Is sparing with ‘hard treatment’ and coercion – which lead to resentment and continuing estrangement
Where possible involves the victim as well as the offender in exploring how amends might be made
