punishment and prison

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  • Punishment & prison
    • aims of punishment
      • 2 justifications for pun
        • 1) reduction (prev future crimes)
          • deterrence - discourages people re-offending - makes an e.g of their crim - deters others
          • rehabilitation - reform offenders ie. ed etc - anger management etc
          • incapacitation - remove capacity to offend again - prison etc
          • pun = instrumental (tools to reduce crime)
        • 2) retribution (paying back)
          • pun for crimes already committed
          • form of revenge by soc for harming us
          • pun = expressive (focus on pun, not reducing crime)
    • theories of pun
      • Faucalt - issue of soc cont - soc = battleground of competing interests
        • key is to gaining power = have cont over knowl & methods of achie this
          • those who succeed in having their def of knowl accepted by gain power & use to enforce their view on world
        • should be based on surv & pun
      • Funct
        • CJS = operating to look after int of soc as whole without anomie/ cont
        • pun = expressive - soc emotions
        • trial & pun = public & unifying - soc solid = created
        • pun = functional
        • 2 types of justice
          • retributive (vengeful ag dev) - early soc
          • restitutive (focus on reparing damage & restoring things to how they were) - mod soc
      • Marxist
        • CJS operates to ben r/c - law & police = agents of r/c
        • function of pun = maint soc order
    • punishment - soc control
      • key component of soc cont is pun
        • allows to see how far soc goes to maint soc cont
      • Durkheim - soc only exists if memb share common v's & coll consc
        • legal sys put in place => boundaries
        • mechanic soc - main idea = retribution (common v's are broken)
          • organic soc (complex) - restitutive law (to to prison to mend wrong doings)
      • Marxist - Rusche & Kircheimer
        • law refl r/c & pun also refl their int
          • Cap has allowed prisons to serve useful proposes, training workers for long hours in poor conditions
    • role of prison
      • changes in soc cont
        • Cohen - key themes in changing nature of formal cont in West soc
          • penetration, size & density & identity&visibility (crime used to be public - now subtle - CCTV etc
        • Feeley & Simon - Actuarialism - try to get people before they commit crime
          • agencies work out who is greatest risk & act ag them
    • alt to prison
      • in past, deal w/ young offenders = diversion - keep away from CJS - av label & SFP
        • instead, focus on welf, using comm based cont, like probation
    • pun through history
      • pun has changed over time
        • offenders were prev seen as having offended ag God
          • aim of pun now = bring person back into soc
            • has been shift f/ severe pun - e.g. torture
    • prisons today
      • in UK, prison seen as most severe pun
        • doesn't seem that effective in rehab & reforming people
          • 2/3 commit again
            • many think pris are expensive & make people worse
      • politicians pushing for tougher sentences - pris = overcrowded - pop = male (5% female), poorly ed
        • mins = over-rep
      • Garland - USA & UK = rapid increase in prison pop - makes Cap look better

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