Flashcards in Punishment Deck (20):
What are the 2 justifications of punishment?
- 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?
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?
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