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JUSTICE AND PUNISHMENT (THE ROLE OF PUNISHMENT (Does imprisonment prevent…
JUSTICE AND PUNISHMENT
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THE ROLE OF PUNISHMENT
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Newburn (2007)
5 reasons for punishing criminals:
- Rehabilitation and deterrence
- Restorative justice
- Incapacitation- protect society
- Reinforcement- social bonds and values
- Retribution
Newburn (2007)-Calls this the 'age of panopticism' and 'surveillance society'
Foucalt(1980)
- Sovereign power=disciplinary power
- Decline in public forms of physical punishment due to changing structure of power in society
- Demonstrates of the supreme power of the sovereign = state power
- Disciplined by surveillance
- Society=Panopticon
Functionalism approach to punishment :check:
- Durkheim argues societies cannily exist if they have a system of shared beliefs
- Punishment provides boundaries for right and wrong
- Reaffirms collective values in society
:red_cross: Marxists argue they don't consider inequalities in wealth and power
Maxism approach to punishment :red_cross:
- Althusser(1971) called the repressive state apparatus, physical means of keeping population in line through police etc
- Rusche and Kirchheimer regard the law and punishment as mechanics of social control of the working class and as means of reinforcing ruling class power in unequal distribution of punishment
- Newburn says 'its rare for the wealthy, the powerful and the influential to find themselves the focus of prosecution and punishment'
:red_cross: Difficult to see all punishments as linked simply to the interests of the dominant class
Weberian approach to punishment
- Only the state has the power to punish
- Punishments based on legitimate decided by elected and accountable governments
:red_cross: The rules and regulations are really fair, and the extent to which officials actually follow those rules
Does imprisonment prevent crime?
Statistics
- Offenders in prison rose by 30% between 2001-2011
- 22% increase in the prison pop since 1997 was estimated to have reduced crime by only 5%, at a time overall crime had fallen by 30%
- Nearly half prison population were proven to reoffend within a year
- Right realists see prison as key way of defining people from offending by increasing the costs of crime, and politicians are always 'talking tough' on crime and calling for ever more people to be imprisoned
- Boorman and Hopkins(2012) found around half of the SPCR sample had committed at least one proven offence within 1 year, and 68% within 2 years, after release from prison
- Interactionalist sociologists like Gothman(1991) suggest prisons have their own subcultures, which provide, training grounds for criminals, and confirm the 'criminal' label
- Becker(1997) calls a master status, over riding all other characteristics
- Prisons become institutions for the manufacture of crime rather than the rehabilitation of criminals
CRIME PREVENTION
Left Realism
- Both offenders and victim are found in disadvantaged communties
- Kinsey et al(1986) police need to improve clear up rates and spend more time investigating crimes to deter offenders.Lack of confidence in the police cause need for military style policiing
Crime prevention policies
- Building community cohesion and strength
- Multi-agency working
-Democratic and community control of policing
- Tackling social deprivation
- Intensive parenting suport
:red_cross: Too soft-downplay the offender
:red_cross:Deflect attention away from more practical crimes prevention measures
:red_cross:Ignore while collar crime
Right Realism
-Emphasize that individuals choose crime and must be deterred not to do so
-Want to reduce opportunities for crime, increase chances of being caught and punished
Theories:
1. Environmental crime prevention and the 'broken window thesis'
Wilson & Kelling(1982) a Broken window is a symbol for social disorder and lack of community concern= if not fixed, further neglect will follow
-Little crimes should still be punished as they lead to further crime.
2. Routine activity theory
Felson & Clarke(1986) crime occurs as part of everyday routines when there are three conditions present:
-potential target
-No capable guardian
-Potential offender to commit crime
3. Rational choice and opportunity theories
Cornish & Clarke (1986) focus on the decision making process of the potential offender
-Offenders see an opportunity for crime, act rationally and wight up benefits before they act
4.Situational crime prevention:reducing opportunities for crime
Clarke(1992) focus on preventing crime in particular locations rather than catching offenders:aim to make crime less attractive choice for offenders
-Increase rick of criminal being caught and for bettering criminality by reducing opportunity for crime
:red_cross: Wasteful overemphasis on minor offences, groups targeted
:red_cross:Ignore while collar crime
Feminism
Newburn(2007) solutions to crime against crime:
- Visible victimization
- Exposue extent of violence
- Sexual violence recognised as misogyny
- Walkate(2004) says that the CJS may contribute to the further victimisation of women in rape trials, women reputation is scritinized
Liberal feminism
- Improving the circumstances to encourage women to report crimes against them eg o port sexual violence
- Newburn(2007) suggests police need special training to deal with these offences
Radical/marxist feminism
- stop women committing crimes there needs to be more supportive welfare and better paid jobs
- Marxist feminists say solutions to crime focus on how gender inequality in capitalist society has its hardest impact on women
- Radical feminists say to focus on crimes committed against women by men in a patriarchal society. Women commit crime doe to the result of responsibilities placed on them by the patriarchal society.
:red_cross:Action is being done, such as support for women reporting crime
:red_cross: This means men need to be resocialised
Postmodernism
- The law is outdated expression of a particular view and does not reflect the growing diversity and choice of identities in contemporary society
- Lea(1998) crime reduction involves a need for the CJS for recognise the diversity of social groups and respect social identities and lifestyle choices
- Fragmentation of social structure means should be managed in localised areas to prevent and control harms
- Their policies include; community policing, informal controls through family, school, surveillance
:check:Focuses on diversity of identities and lifestyles=flexible and effective to control crime
:check:Reduce of harm by using contemporary developments such as CCTV
:red_cross:Lack of focus on soil inequality
:red_cross:Too individualised
Victims of crime
- 2014, proposed 'victims law' which would give crime victims the legal right to be informed about their case
- Only 15% of mistimes said they were given the opportunity by police to make a victim personal statement
Social construction of victimisation
1. Unreported/unrecorded-never come to the attention of the CJS eg sexual assualts
2. Unaware- may not realise they have been a victim eg fraud
3. Refusal-may blame themselves for being victim eg domestic violence.May see being a victim as being weak or foolish eg scams
4. Denied status- others regard them as responsible for own victimisation, eg victims of sexual assault
- Tombs & Whyte (2007) accident victims of corporations arising from employer neglect of health and safety may themselves be blamed for being accident prone
Effects of victimisation
- Hoyle(2012) wider range of possible effects of victimisation= anger, depression, fear,PTSD etc
- Walkate(2004) The CJS may contribute to secondary victimisation in rape trials where the females victims may seem to be on trial
Pattern of victimisation
- Gender and victimisation=Women more likely than men to have high levels of worry
- Domestic violence=1in4 women and 1in6 men, suffer from it. 2/3 of victims don't report it
- Rape=90% of victims are women. 1in10 don't report the offence
- Age and victimisation= CSEW(2013) likelihood of being a victim of crime decreases with age
- Ethnicity and victimisation=CSEW(2013) risk of being a victim of personal crime was higher for ethnicity minority for whites
- Social class and victimisation=Working class more likely to be victims of crime