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Incarceration and Punishment

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Today’s standard form of punishment

Foucault: Less violent punishment isn’t necessarily better
-​ Incarceration is ruthless in its own way
-​ The removal of you from your life and everyday things

Corrections: a system where societal function is designed to hold, punish, supervise, determine, and possibly
rehabilitate the accused or convicted
-​ Implication of the Name: “correct”, “amend”, “put right.”

America is the world leader in incarceration.

Theoretical Underpinnings of Corrections
Nature v Nurture

Nurture: sociological approach, humans are blank slates that are formed by cultural experiences
-​ Assumes human nature is good
-​ Antisocial behavior is learned

Evolutionary, biology, and brain sciences argue that innate human nature has evolved
-​ Traits evolved from the need to survive and reproduce
-​ Argued traits like aggression and low empathy impact criminality
-​ Assumes that human nature is naturally selfish

The majority of people behind bars are victims.
-​ Cannot correct them without finding the fundamental reason (trauma, ACEs, SMI, etc.)
-​ Hard
-​ Complicated

Impact of the
Classical School of Punishment

The Classical School of Punishment shifted away from retributive punishment.

Cesare Beccaria: known, swift, certain, and severe punishment
-​ People commit crimes because we are in pursuit of pleasure, and we hurt someone on the way
-​ Makes laws to determine this
-​ Made punishments are more just, had issues with secret accusations
-​ No reference to social status
-​ Abolition of the death penalty

Jeremy Bentham: principle of utility
-​ Human action should be judged moral or immoral by the effect on the happiness of the community.y
-​ Legislature Function: maximum pleasure and minimum pain for the largest number in society
-​ Need to understand human motivation
-​ Hedonistic, rational, endowed with free will

How we explained crime

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August 12, 2026
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Steven keener
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