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Correctional Systems - Notes
Chapter 2

Philosophies of Punishment

I. Social Control
A. Norms, folkways, mores, laws (covered in prior lecture) A. Encourage continuation of norm-abiding behavior B. Invited to parties, congratulated, extra pay B. friendly or hostile greetings, hug/punch C. May be more effective at controlling behavior than A. spanking, hugging, jail/ prison, execution A. Smiles, frowns, hand gestures, invitations F. Prison = what if some misbehaves in prison? A. Different cultures have different approaches B. No one approach appears better/much disagreement C. Deterrence -Punishment’s aim is to prevent future offenses by the 1. Invoke discomfort/pain then pleasure in offender to associate 2. Demonstrate to other who may be considering criminal activity - Pain associated w/ crime outweighs pleasure from D. Incapacitation - Restricts offender’s movement At one time locked up misdemeanors - explain * Minor crimes, theft under $300, disorderly conduct, minor damage to property, shoplifting, simple battery * At one time sentenced to prison - Vandalia 364 days * Felonies - more serious crimes. Not all felons go to prisons * Class X felonies - no probation, prison mandatory Armed Robbery, Some drug offenses, some sex crimes * More and more laws passed making certain behaviors 3. Retributivists - people should be punished only for what they 4. Argument - general incapacitation avoids racial & ethnic bias of 1. Chemotherapy - A Clockwork Orange 2. 1921 USSC ruled surgical castration unconstitutional 3. Some states allow offenders to volunteer for chemical castration 4. Prefrontal lobotomies - darning needle through corner of eye 5. Alcoholics - ant abuse > induces illness 6. 60’s Cyproterone Acetate - reduce/elim sexual behavior - not 7. May not work with many sex offenders as crime due to 1. To restore to good health or useful life through 2. Based upon medical model (chapter 4) - treats criminality as 3. Skeptical - prison induces offender to succumb to will of system 4. Explain two sentencing systems - Indeterminate vs. determinate 5. Explain differences in security levels and programs in each 6. Opportunities to improve oneself are offered, making rehabilitation a choice influenced by good time 1. Rescued wrongdoers from evil/brought back to correct ways 2. Religious motives by Quakers - reclaim the offender’s soul 3. Quakers > Prison humane alternative to corporate or capitol 3. Educational, vocational, religious opportunities provided 4. Offender responsible for deciding which to take J. Rehabilitation as Individualized Treatment 1. Criminal behavior compared to illness 3. Problem - program plans may be developed but offenders are
4. Subsequently, most prisons fall under Rehab as Reform 4. Proportional to severity of offense & culpability of offender * Do not confuse retribution with Justice which is often done
- do not care of criminals or others are deterred - moral obligation to punish people who commit crime 6. Norm of Reciprocity = punishment is natural response to
a wrongful act.
7. Problem - How much punishment is just for the offense? - Our prison system is exemplified by 3 sizes 8. Proportionality - of crime and penalty - as # of crimes increase or become more 9. See figure 2.2 page 54 - two ladder system - Penalty and Harm 1. Attempts to make the victim and community whole again - Restorative Justice - Native Americans 2. Compromises what the offender deserves (retribution) w/ - Islamic law = law and faith inseparable - Must follow Shari’a (the path to follow) which is a combo Of Qur’an (Islam’s Holy Book) and Sunna (M’hammed’s - Retaliation is accepted response to murder in Islamic faith However, charity is considered act of atonement. - When retaliation is not used replace by diyya or
M. Contemporary Aspects of Restorative Philosophy 1. Wergild (similar to diyya) - Anglo-Saxon/ancient German 2. As gov’ts developed, state assumed responsibility of righting 3. This was moving away from reparative justice 4. 1970’s focus on victims began returning to England, Canada N. Restorative Justice and the Balanced Approach 2. Offenders rehabilitated and reintegrated 4. Mediation is involved
- victim, offender and community work out a fair/just way to Restore balance to the community which the crime 5. Problems - Net widening i.e. more people will be brought into the - Why should the victim be required to participate in - this may be a long term healing process for both! O. Restorative Justice and Discrimination 1. One group of society may supervise and control the lives of others….this already exists i.e., those employed by the CJS 2. May not be possible for all situations….but could be effective for

Source: http://www.sci.edu/faculty/jstevens_files/SOCL_306_Ch02.pdf