Punishment aims
- Created by: rachel
- Created on: 17-05-13 18:40
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- Aims of Punishment - Do they work?
- Reductivist (Utilitarian)
- Rehabilitation
- Modest aims - to provide assistence
- Focus on assisting not curing
- Prisons are places of punishment but also education, hard work and change.
- Punished whilst supported to turn their back on crime
- lower crime, fewer victims and safer communities
- Prison should not be a place where convicts can fritter away hours on end watching satellite television in their cells
- Argued against the “Victorian” approach of “just banging up more and more people for longer without actively seeking to change them” Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders
- Punished whilst supported to turn their back on crime
- Crime caused by social, psychological or biological factors that need to diagnosed and treated.
- HM Prison statement of Purpose "our duty is to look after them with humanity and help them lead law-abiding and useful lives in custody and after release"
- Difficult to know how long the sentences will be due to parole and therefore lack of clarity in rehabilitation sentencing.
- All down to what type of offender as to whether they are going to "want" help or not
- Modest aims - to provide assistence
- Rehabilitation
- Retribution
- Punishment justified as it's deserved. "just desert"
- Courts should not give a custodial sentence unless it was so serious that neither a fine alone nor a community sentence can be justified for the offence. (CJA 2003)
- Backward looking - justified because it is deserved - not as a means to an end
- Some people in prison commit offences to go back there so is it a punishment? Varies. Can never work for everyone
- Just deserts / desert theory
- How do you measure "seriousness"
- Punishment justified as it's deserved. "just desert"
- Denunciation
- Restoration
- Two wrongs don't make a right
- Offenders can take responsibility for their actions and address the victims needs
- Religious and moral influences
- Theories
- An expressive institution that upholds the moral order (Durkheim)
- An economic mechanism to regulate the capitalist labour market & an instrument of class domination (Marxist theories, eg Rusche & Kirchheimer
- A form of disciplinary governance that permeates all aspects of modern societies, regulates and controls social life (Foucault & Cohen)
- A major institution that embodies a society’s cultural traits (Elias)
- A way of identifying, controlling and managing risky populations in the most efficient way possible – the New Penology (Feeley and Simon)
- Reductivist (Utilitarian)
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