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Flashcards in Punishment Deck (20):

What are the 2 justifications of punishment?

1) Retribution
2) Reduction


Explain retribution

- Retribution means 'paying back'
- Based on the idea that offenders deserve to be punished, and that society is entitled to take its revenge on the offender for having breached its moral conduct


What type of view is retribution?

It is an expressive view - it expresses society's outrage


What are three crime reduction strategies?

1) Deterrence
2) Rehabilitation
3) Incapacitation


Explain how punishment acts as a deterrence and therefore reduces crime

- Punishment discourages individuals from offending again
- 'Making and example' of the offender may act as a deterrent to the whole of society


Explain how punishment rehabilitates offenders and therefore reduces crime

- Punishment can reform or change offenders by prisons adopting policies including education and training for prisoners so they are able to 'earn an honest living' on release


Explain how punishment can incapacitate offenders and therefore prevent further offending

- The use of punishment can remove the offender's capacity to offend again, e.g. imprisonment, execution, cutting off of hands, chemical castration


What does Durkheim say that the function of punishment is?

The function of punishment is to uphold social solidarity and reinforce shared values


'Punishment is primarily expressive'. What does this mean?

Punishment expresses society's outrage at the offence


How does Durkheim say that punishment reinforces social solidarity?

Through rituals of order, such as public trial and punishment, society's shared values are reaffirmed and its members come to feel a sense of moral unity


What did Durkheim say are the 2 types of justice?

1) Retributive
2) Restitutive


What is retributive justice?

- In traditional society, solidarity between individuals is based on their similarity to one another
- This produces a song collective conscience, which, when offended, responds with vengeful passion to repress the wrongdoer
- Punishment is cruel and severe


What is restitutive justice?

- Solidarity in modern society is based on interdependence between individuals
- Crime damages this interdependence, so it is necessary to repair these damages, e.g. through compensation
- It aims to restore things to the way they were before the offence


What do the Marxists believe that the function of punishment is?

To maintain the existing social order


According to the Marxists, what is punishment a means of?

Defending upper-class property against the lower classes


According to the Marxists, what does punishment reflect?

The economic base of society


According to Rusch and Kircheimer, what does each type of society have?

It's own corresponding penal system


What is the penal system under capitalism?

Imprisonment, because the capitalist economy is based on the exploitation of wage labour


What do Melossi and Pavarini contribute to the Marxists view of punishment?

They see imprisonment as reflecting capitalist relations of production


How does imprisonment reflect capitalist society?

1) Capitalism puts a price on the worker's time; so too prisoners 'do time' to 'pay' for their crime
2) The prison and the capitalist factory both have a similar strict disciplinary style, involving subordination and loss of liberty