Main aims of punishment Reform or rehabilitation: Retribution or revenge: Aims to make the offender a Often leads to better law-abiding person. severe, even savage EG Ray Charles & Johnny Cash. punishments. EG – Death Penalty Remember these as “GET RRRID of crime”What do you think about these forms of punishments?
FUNCTIONALIST VIEW!• Durkheim (1893) believe that punishments serves positive functions for society!• Punishment reinforces social solidarity and strengthen common values.• Society reacts even more strongly to more serious crimes such as murder and paedophilia. Think of an actual crime case that has OUTRAGED the population.Why did people react this way? Will their reaction prevent similar crimes in the future?
Durkheim outlines a change from retributive justice to restitutive justice.Mainly found Severe, evenin traditional Retributive justice savage societies. “Revenge” punishments. Mainly found Punishment is Restitutive justice to reform the in advanced “Reform” offender/repay societies. society.
• According to Functionalists in traditional societies people are quite similar to each other so the offender will stand out more.• Response to a crime is therefore more severe!• Now, instead of violently punishing the offender we tend to help and reform them or make them repay society or the victim.• This is a MARCH OF PROGRESS view!
MARXIST VIEWS!• Punishment is intended to reinforce the capitalist system and oppress the working classes.• Thompson (1977) – punishments have been used to terrorise the poor into those in power!• Melossi and Pavarini (1981) – prisoners do “time” just like workers and both the workplace and prison are ways of disciplining workers! We are all prisoners in our own world!• Offences by the wealthy are ignored or lightly punished!• The working class face harassment and injustice and heavy punishments!• The police and courts enforce Middle Class laws!• In a way, Prisons are like a dumping ground for the working class!
MARXIST VIEWS!Can you think of three criticisms of these Marxist view on punishment…BUT at least ONE must be from a functionalist perspective.
FOUCALT• Michael Foucalt describes a movement over history from sovereign power to disciplinary power.• Sovereign Power: similar to Durkheim’s restitutive justice. Punishments were savage and cruel. They were a public spectacle. Physical punishment was the norm and imprisonment was rare!• Disciplinary Power: Similar to restitutive justice. This became more important from the 1800’s onwards. The aim was to change the person through discipline and training! This was done through work AND surveillance! Offenders in prison or elsewhere would constantly be watched and monitored and the intention was to change their behaviour and their mind!
FOUCALT!• Foucalt claims that disciplinary power is now dominant. It exists not only in prisons but in psychiatric treatment and many other ways of dealing with deviants.• He rejects the idea that there has been a MOP towards more human control. We are more controlled and monitored than ever! Ideas of control have affected schools and workplaces.• We think we are being watched even when we are not and our behaviour instantly changes! We exercise self-discipline or self- control as our mind becomes regulated!