Punishment in the Community

  • Created by: xoemmamcl
  • Created on: 05-12-18 14:24

What could punishment in the community involve?

Community sanctions – 

  • supervised/probation
  • unpaid work, 
  • curfew
  • programmes
  • treatment.
  • “Mass supervision” – increase in scale and intensity.
  • “Mass Incarceraton” – neglect of supervision.
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Alternative to prison? Probation and Parole

  • Probation and parole alternative to incarceration.
  • Probation – instead of jail time. 
  • Parole – early release from prison. 
  • Demise of this? – “Nothing works” - Robert Martinson (1974) – treatment of offenders failed to have any change on reoffending rates.
  • “What works” – looking at what does work for reducing reoffending. – looking at underlying causes of crime, making sure the cost of offending outweighs the benefits and making reoffending more difficult by taking away any opportunity.
  • There was resistance in scotland – led to introduction of community payback orders.
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Criticisms

  • Higher levels of insecurity, crime and punishment more politicised and more punitive policies to show state power (Garland, 1996).
  • Problem for the public – seen as too soft, more focus on evidence-base and assessing risk of people.
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Community Punishments in E&W

  • Conditional Discharge
  • Fine
  • Compensation
  • Unpaid work
  • Rehab
  • Curfew
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Further developments of punishment in the communit

  • This is new punitiveness and new penology.
  • Opportunity to demonstrate can avoid further offending
  • Held accountable through supervision.
  • Supervision involves monitoring with encouragement and assistance (help as well as supervision. Supervisors motivate and persuade).
  • Not purely punitive (like a fine).
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Theoretical Perspectives

Foucault 

  • Corporal to Carceral punishment

Skull

  • Decarceration – removing people from prisons to mental institutions – cost saving but spending has increased and applies more to mental health.

Cohen 

  • Dispersal of discipline – Foucault argues that this has now dispersed through society, penetrating every institution to reach every individual.
  • Net widening – more people controlled by the justice system – the growth of mass incarceration has neglected mass supervision.
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Theoretical Perspectives

Foucault 

  • Corporal to Carceral punishment

Skull

  • Decarceration – removing people from prisons to mental institutions – cost saving but spending has increased and applies more to mental health.

Cohen 

  • Dispersal of discipline – Foucault argues that this has now dispersed through society, penetrating every institution to reach every individual.
  • Net widening – more people controlled by the justice system – the growth of mass incarceration has neglected mass supervision.
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Punishment in the community in Scotland

  • Less populist approach to punishment
  • Highest imprisonment rates.
  • More interested in reducing reoffending, giving individual support to prisoners and increasing public confidence.
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How does Scotland do this?

  • Through community payback orders constructive way to repair harms caused by crime, making good to the victim or community.
  • Scottish prison commission – one of the best ways to pay back is to turn their live around.
  • Scotland v England – constructive punishment to help stop reoffending v merely punitive punishment – no support to offenders to help them stop reoffending. – (Duff, 2011).
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Community Sanctions in Scotland

  • Community Unpaid Work
  • Home detention curfews.
  • Electronic Monitoring (tags).
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Desistance Paradigm

  • Interventions should be based on offenders understanding of their individual change process and how experts can help with that rather than fitting offenders with already made interventions – base it on their needs.
  • Focuses on networks and hooks in peoples lives that may stop them from reoffending – it is important to be able to have the opportunity to desist, offenders need to be motivated, be ready to change.
  • This wont happen quickly – there is a zig-zag process – many offenders may slip back into old habits and begin offending again and have relapses, it is important to not give up on this.
  • These interventions are not concerned solely with the prevention of further offending – want to be able to address the harms by encouraging offenders to make good through community service.
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How can practitioners meet individual needs?

  • Barry (2007) - Offenders want to have trust in the community punishments.
  • Want people to listen to them and not judge them, want actvities to relives boredom. – meet individual needs.
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Other Points

  • Welfarist ethos survives to a greater degree in Scotland than elsewhere in UK.
  • Purposes of community sentences (shifts over time).
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