CRCJ 1000 Feb12th Lec 5.docx

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Department
Criminology and Criminal Justice
Course
CRCJ 1000
Professor
Nicolas Carrier
Semester
Winter

Description
CRCJ 1000 Feb 12 2013h Lec 5 Punishment Socio-historical Introduction - 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 punishment. - 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 slaves - UK prisoners sent to the US to provide free labor - After the declaration = overcrowding of prisons = used prison hulks; incarcerated there – “floating prisons” - 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 Penological Rationales - 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
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