Punishment
Purpose of punishment
Deterrence Punishing an individual discourages them from Does Prison work?
future offending. ‘Making an example’ of them
If your measure of success is rehabilitation and the prevention of re-
may also serve as a deterrent to the public at
large. Deterrence policies include Thatcher’s offending then it appears not: the proven re-offending rate within
Conservative govt ‘short, sharp shock regime’ in one year is just under 25%, and about 37% for juveniles.
young offenders’ institution 1980s.
Rehabilitation The idea that can be used to reform or change Yes No
offenders, so they no longer offend. Rehabilitation
policies include providing education and training Keeps society safe from School of crime.
for prisoners so that they can ‘earn an honest dangerous criminals.
living’ on release, and anger management courses
for violent criminals.
Education to prevent Leads to labelling which
recidivism. can cause reoffending.
Incapacitation The use of punishment to remove the offender’s Resocialisation into social High recidivism rates show
capacity to offend again. E.g., imprisonment,
execution, cutting off hands, chemical castration. It norms and values. it is not effective.
has become increasingly popular with politicians. Bad experiences in prison
Prison works as it removes offenders from society.
will stop reoffending.
Retribution ‘Paying back’. It is a justification for punishing
crimes that have already been committed, rather
than preventing future crimes. Based on the idea
that offenders deserve to be punished, and that
society is entitled to its revenge on the offender
for having breached moral code. Expressive rather
than instrumental view of punishment.
Functions of punishment
Explanation Evaluation
Durkheim
Retributive justice traditional society solidarity between individuals is based on their similarity to
one another (organic solidarity). This produces a high degree of social solidarity, so if someone
offends, they show rejection of social bonds. This means people feel the need for revenge, so
punishment is an expressive/emotional reaction.
Functionalism
Restitutive justice industrial societies solidarity is based on the interdependence between
individuals (mechanical solidarity). Crime threatens/ruins this interdependence as the offender is
behaving selfishly and threatening cooperation between people. Punishments such as compensation
and community service are used. The motive is restitutive, to restore society to its equilibrium.
More instrumental form of punishment.
Gordon Prison benefits capitalism in 3 major ways:
1. The imprisonment of selected members of the lower classes neutralises opposition to the
system, keeping potential revolutionaries from forming together and taking political
action.
2. The imprisonment of many members of the underclass also sweeps out of sight the ‘worst
jetsam of capitalist society’ such that we cannot see.
3. By punishing individuals and making them responsible for their actions, defining these
individuals as ‘social failures’ we ignore the failings of the system that lead to the
conditions of inequality and poverty that create the conditions which lead to crime. Our
attention is diverted away from immorality and greed of the elite classes.
Rusche and Kirchheimer argue that punishment reflects the mode of production or the type of
economy in a society. The labour market influences the methods of punishment used in a society. In a
capitalist society punishment is part of a wider strategy of ensuring that capitalism meets its goals of
Marxism
generating profit. Some punishments were invented when labour was in short supply and was based
on exploiting the labour of offenders. 20th century focus has been to minimise cost of punishment so
fines = more common.
Restorative justice involves the offender actively doing something to make up for the harm done
as a result of their crime. E.g., reparation, mediation, reintegrative shaming and family conferencing =
Realism
offender, victim and family = healing.
Left
Goffman – Total institutions and Mortification of Self places such as mental asylums,
concentration camps and prisons function as ‘total institutions’ – places which are closed off to the
outside world and where inmates’ lives come under the complete control of the institution.
Becoming an inmate here involves a process of “mortification of the self” – degrading and humiliating
Interactionalism
treatments designed to remove any trace of individual identity. This marks clear separation from
former self and institutional self. So, they lose the ability to construct own identities and function
independently.
Braithwaite he argues that disintegrative shaming must be replaces wit reintegrative shaming
where the act is labelled but the actor isn’t. this recognises the bad act buy provides an opportunity
for the individual to earn back trust.
Purpose of punishment
Deterrence Punishing an individual discourages them from Does Prison work?
future offending. ‘Making an example’ of them
If your measure of success is rehabilitation and the prevention of re-
may also serve as a deterrent to the public at
large. Deterrence policies include Thatcher’s offending then it appears not: the proven re-offending rate within
Conservative govt ‘short, sharp shock regime’ in one year is just under 25%, and about 37% for juveniles.
young offenders’ institution 1980s.
Rehabilitation The idea that can be used to reform or change Yes No
offenders, so they no longer offend. Rehabilitation
policies include providing education and training Keeps society safe from School of crime.
for prisoners so that they can ‘earn an honest dangerous criminals.
living’ on release, and anger management courses
for violent criminals.
Education to prevent Leads to labelling which
recidivism. can cause reoffending.
Incapacitation The use of punishment to remove the offender’s Resocialisation into social High recidivism rates show
capacity to offend again. E.g., imprisonment,
execution, cutting off hands, chemical castration. It norms and values. it is not effective.
has become increasingly popular with politicians. Bad experiences in prison
Prison works as it removes offenders from society.
will stop reoffending.
Retribution ‘Paying back’. It is a justification for punishing
crimes that have already been committed, rather
than preventing future crimes. Based on the idea
that offenders deserve to be punished, and that
society is entitled to its revenge on the offender
for having breached moral code. Expressive rather
than instrumental view of punishment.
Functions of punishment
Explanation Evaluation
Durkheim
Retributive justice traditional society solidarity between individuals is based on their similarity to
one another (organic solidarity). This produces a high degree of social solidarity, so if someone
offends, they show rejection of social bonds. This means people feel the need for revenge, so
punishment is an expressive/emotional reaction.
Functionalism
Restitutive justice industrial societies solidarity is based on the interdependence between
individuals (mechanical solidarity). Crime threatens/ruins this interdependence as the offender is
behaving selfishly and threatening cooperation between people. Punishments such as compensation
and community service are used. The motive is restitutive, to restore society to its equilibrium.
More instrumental form of punishment.
Gordon Prison benefits capitalism in 3 major ways:
1. The imprisonment of selected members of the lower classes neutralises opposition to the
system, keeping potential revolutionaries from forming together and taking political
action.
2. The imprisonment of many members of the underclass also sweeps out of sight the ‘worst
jetsam of capitalist society’ such that we cannot see.
3. By punishing individuals and making them responsible for their actions, defining these
individuals as ‘social failures’ we ignore the failings of the system that lead to the
conditions of inequality and poverty that create the conditions which lead to crime. Our
attention is diverted away from immorality and greed of the elite classes.
Rusche and Kirchheimer argue that punishment reflects the mode of production or the type of
economy in a society. The labour market influences the methods of punishment used in a society. In a
capitalist society punishment is part of a wider strategy of ensuring that capitalism meets its goals of
Marxism
generating profit. Some punishments were invented when labour was in short supply and was based
on exploiting the labour of offenders. 20th century focus has been to minimise cost of punishment so
fines = more common.
Restorative justice involves the offender actively doing something to make up for the harm done
as a result of their crime. E.g., reparation, mediation, reintegrative shaming and family conferencing =
Realism
offender, victim and family = healing.
Left
Goffman – Total institutions and Mortification of Self places such as mental asylums,
concentration camps and prisons function as ‘total institutions’ – places which are closed off to the
outside world and where inmates’ lives come under the complete control of the institution.
Becoming an inmate here involves a process of “mortification of the self” – degrading and humiliating
Interactionalism
treatments designed to remove any trace of individual identity. This marks clear separation from
former self and institutional self. So, they lose the ability to construct own identities and function
independently.
Braithwaite he argues that disintegrative shaming must be replaces wit reintegrative shaming
where the act is labelled but the actor isn’t. this recognises the bad act buy provides an opportunity
for the individual to earn back trust.
