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PUNISHMENT
    .
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, even
in 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!
http://www.youtube.com/watch?v=HKCU_uSN
                   gDs

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Punishment

  • 2. 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?
  • 3. 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?
  • 4. Durkheim outlines a change from retributive justice to restitutive justice. Mainly found Severe, even in traditional Retributive justice savage societies. “Revenge” punishments. Mainly found Punishment is Restitutive justice to reform the in advanced “Reform” offender/repay societies. society.
  • 5. • 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!
  • 6. 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!
  • 7. MARXIST VIEWS! Can you think of three criticisms of these Marxist view on punishment…BUT at least ONE must be from a functionalist perspective.
  • 8. 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!
  • 9. 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!