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Punishment - Crime and Deviance
Terms in this set (40)
The Criminal Justice System
The different agencies and organisations that are involved in law, order, crime and punishment
Criticisms of the CJS
1. Massively dominated by older, middle-class people
2. Crown courts and senior judges are predominantly white and male, from privileged backgrounds
4 Aims of CJS
2. Public Protection
Deterrence - CJS
Discouraging criminal acts by threatening punishment
Public Protection - CJS
Maintain public order, prevent crime and catch offenders.
The court aim to stop criminals causing further harm to people or property
Retribution - CJS
Punishment inflicted on someone as vengeance for a wrong or criminal act.
Rehabilitation - CJS
Turning criminals into reformed characters so they do not offend again
1900-1970 Criminal Justice
Influence by Left-Realist
1. Capital punishment for serious offences
2. Focus on rehabilitation of most offenders
1970-present Criminal Justice
Influence by Right-Realist
1. Emphasis on retributive justice with harsher penalties
2. Imprisonment more than doubling from 1970-2014
3. 'Protect the public' by politicians through imprisonment, parole, probation, sex offenders' list
Reasons for Punishing Criminals - Newburn (2007)
1. Discourage them from reoffending (rehabilitation) or deter other people from offending in the future (deterrence)
2. Forced to make amends to the victims for the harm they have done to them (restorative justice).
3. Protect society from those who are dangerous (incapacitation)
4. Reinforce social values and bonds (functionalism)
5. Punish them simply because they deserve to be punished for their crimes (retribution)
Deterrence Reducing Crime
Punishing the individual discourages them from future offending
'Making an example' of them may also serve as a deterrent to the rest of society.
Example - Thatcher's 'short, sharp shock' regime in young offenders institutions in the 1980s
Rehabilitation Reducing Crime
Punishment can be used to reform or change offenders so they no longer offend
Example - providing education and training for prisoners and anger management courses for violent offenders
Incapacitation Reducing Crime
Punishment to remove the offender's capacity to offend again.
Example - imprisonment, execution, the cutting off of hands and chemical castration.
Popular in America 'three strikes' law (prison works because it removes offenders from society)
Wide range of punishments including warnings, banishment, transportation, corporal punishment and execution.
18th Century Punishment
Prison used to hold offenders before punishment.
Imprisonment began to be seen as a form of punishment where offenders would be 'reformed' through hard labour, religious instruction and surveillance.
Increased Prison Populations - England and Wales
Between 1993 and 2016 the prison population almost doubled to 85,000.
New Labour - prison should be used not just for serious offenders but also as a deterrent for persistent petty offenders.
Imprisons 147 out of 100,000 people
Garland - Criticisms of Prisons
Incarceration of individual offenders and becomes the systematic imprisonment of whole groups of the population
- Black Americans are only 13% of the US population but 37% of the prison population.
- Black males are 6x more likely to be in prison compared to whites.
Garland 'Penal Welfarism' - Criticisms of Prisons
The idea that punishment should reintegrate offenders into society
Since 1970s there has been a move to a new 'consensus' based on more punitive and exclusionary 'tough on crime' policies that led to increased numbers in prison.
Alternative Punishments to Prisons
Diversion - diverting young offenders away from contact with the criminal justice system to avoid the risk of a self-fulfilling prophecy turning them into serious criminals.
2. Community service orders
3. Treatment orders
4. Electronic tagging
Cohen - Alternative to Prisons
The growth of community controls has cast the 'net' of control over more people.
The increased range of sanctions available simply enables more control.
Rather than 'diverting' young people away from the CJS, they divert them into it e.g. ASBOs are a way of fast tracking young offenders into custodial sentences.
A process which brings together victims of crime and the offenders responsible to help repair the harm done and make offenders take responsibility for the consequences of their actions.
Braithwaite (1999) - Restorative Justice
Most effective when it involves reintegrative shaming so offenders come to realise the extent to which society disproves of their offending
Braithwaite (1999) - Reintegrative Shaming
Offenders are publicly named and shamed into future conformity and ensure they take responsibility
Durkheim - Functionalist Approach for Crime Control and Prevention
The function of punishment is to uphold social solidarity and reinforce value consensus.
Retributive Justice - Functionalist Approach for Crime Control and Prevention
In traditional societies there is a strong collective conscious and criminals are punished severely and cruelly - punishment is expressive
Restitutive Justice - Functionalist Approach for Crime Control and Prevention
In modern societies, crime damages the interdependence between individuals therefore it needs to be repaired - to restore how things were. Punishment is instrumental to restore society but it still has an expressive element because it expresses the collective conscious.
Function of Punishment - Marxist Approach for Crime Control and Prevention
The function of punishment is to maintain the existing social order of capitalism
It is part of the 'repressive state apparatus' - Althusser
Thompson (1977) - Marxist Approach for Crime Control and Prevention
18th century punishments such as hanging and transportation to the colonies for theft and poaching were part of a 'rule of terror' by the landed aristocracy over the poor.
The form of punishment represents the economic base of society.
Rusche and Kirchheimer (1939) - Marxist Approach for Crime Control and Prevention
Under capitalism, imprisonment becomes the dominant form of punishment because it reflects the capitalist relations of production
- Capitalism puts a price on the workers time just like prisoners 'do time' to 'pay' for their crime
- The prison and the capitalist factory both have similar strict disciplinary style, involving subordination and loss of freedom
Weberian Approach for Crime Control and Prevention
Modern societies have undergone a process of rationalisation - Only the state now has the power to punish offenders
The punishment of offenders is based on legal-rational authority an administered by complex hierarchies of officials
Democratic societies - rules are based on legislation decided by elected officials - justifiable
Newburn (2007) - Feminist Solutions to Crime
1. Making visible forms of victimisation that had been largely ignored e.g. domestic violence
2. Exposing the extent OF the issue of men's violence against women and particularly in the home
3. Recognising that sexual violence by men against women is an issue of male power and in some cases misogyny.
4. Showing how a male-dominated and patriarchal criminal justice system holds stereotypical views of women and fails to respond appropriately to crimes against them
5. WALKLATE - Identifying those features of the criminal justice system that lead to the further victimisation of women.
Liberal Feminists - Reducing Crimes Against Women
improving the circumstances that might encourage more women to report crimes against them.
The under reporting of these offences is partly due to the generally unsympathetic approach of the police and other criminal justice agencies.
Newburn - Reducing Crimes Against Women
Police need more specialist training of officers to deal with such offences as rape and domestic violence.
Other Policies - Reducing Crimes Against Women
1. Better street lighting
2. Self-defence classes
3. Rape alarms
4. Men need to undergo re-socialisation so they no longer treat women as sexual objects
Marxist Feminists - Reducing Crimes by Women
Focus on how capitalist inequality has more effect on women (particularly working class women) which drives them to commit crimes such as prostitution and shoplifting through economic necessity.
Radical Feminists - Reducing Crimes by Women
Emphasize policies such as opening more rape crisis centres and highlighting the sexual exploitation and abuse of women through 'Slutwalks' and 'Reclaim the night' marches.
Other Policies - Reducing Crimes by Women
More supportive welfare policies and better-paid jobs to avoid women getting trapped in debt-crime-drugs spirals.
Lea (1998) - Postmodernist Approach for Crime Control and Prevention
Need for CJS to recognise diversity of social groups and respect their identities/lifestyle
Replace a central CJS with a localised, customised community policing and the use of private sector security firms
Crime is caused by complex individual motives, therefore justice needs to be more individualised, reflecting the needs of the offender and the wider public interest.
Evaluation of Lea - Postmodernist Approach for Crime Control and Prevention
1. Doesn't recognise the importance or impact of inequality
2. Doesn't recognise that decentralised CJS will benefit the middle class
3. Doesn't consider implications of customised private policing and surveillance on human rights
4. Doesn't recognise there can be a more equal distribution of justice in centrally managed CJS
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