Feb 12 2013h
- Punishment cannot be explained by crime
- Need a model of understanding punishment other than just crime
- Weber: institutionalization of punishment has to be located in state formation
- Different ways to deal with crime depending on the social class
- If the notion of infliction appears around the 12 century, it is in the 14-15 century that
we will see the rise of the use of death penalty; we will also see a generalized sort of
- During that time, punishment is spectacular in nature – the king wants to show his power
through the spectacle of punishment.
- Will lead to a modern way of doing justice
- Rusche and Kircheimer: they suggested that when the death penalty recedes it is
because of the new importance of human life – it increased. In period of economy
growth, we tend to see a more tolerate penal system. The value placed on human life
depends on the economy value.
- Melossi: tries to analyze transformation I penal policies.
- Death penalty recedes when the prisoners works on galley slavery = helps the king
augment its military power
- Penal Transportation: for colony extension – people to be deported and to work as
- UK prisoners sent to the US to provide free labor
- After the declaration = overcrowding of prisons = used prison hulks; incarcerated there –
- New strategy using Australia
- John Howard: published The State of the Prison - Incarceration was not a way to do criminal justice – it was a way to own the body and
whatever you please with it.
- Modern Prisons: first developed in the USA: two confliting models:
1. Pennsylvania Model: religious foundation. Every inmate will be in isolation without
contact with other inmates, the idea was that the individual will start to feel remorse
and a way to reflect on their past and ideally will start to have a conversation with
god and start to rehabilitate themselves. (people actually ended up going crazy and
not rehabilitating themselves)
2. Auburn Model: based on a program of discipline, rigid work, daytime; inmates
would work together without talking.
- Auburn Model was better
- De Tocqueville:
- made sense to transform the criminals into workers
- Invention of prison will allow for the birth of scientific criminology
- Foucault: birth of modern prison signal the birth of disciplinary society
- Punishment is intentional infliction of pain
- Sometimes the rationales are put together and sometimes they conflict
- Retributivism: Kant – critique of rehabilitation. Difficult to distinguish from vengeance.
- Consequentialism: interested in what will happen, true punishment. “an eye for an eye” ,
position of Bentham.
1. Denunciation: communicate morals, the purpose is to establish that what