deterrence was central to punishment. needs three basic elements: swiftness, certainty, severity.
bentham: laws created when deviant behaviour presented a social harm. no victim, no harm done.
foucault explains the enlightenment brought changes to definition of deviance and method of
punishment. legislative body generated laws, judicial generated guilt. do not want one body doing
both, that leads to unfairness.
rational punishment. – slightly worse than the pleasure
behavior is hedonistic done to maximize pleasure and minimize pain
legislative determination of law, judicial determination of guilt.
judiciary is separate but paid for by the govt. independent
deterrence as the reason for social control
control of acts rather than actors.
french penal code 1791.
implemented by napoleon.
had a book that outlined every criminal act, corresponding to a punishment.
eg murder or assault had a specific punishment.
judges did not take confounding matters into respect
what's wrong with this?
equality and sameness are not equivalent.
children? people who cannot form intent (insanity)?
if we are to control people in this classical way, we can give them fines (easy to quanitfy pleasure &
pain) or create a prison system.
current cjs (modifications)
growth of prisons
problems? panopticon. building type which has control in the middle that guards can see but not be seen, and
all prisoners can be seen from the tower
these exist in cuba, illinois, vietnam
always watched wherever you go.
shopping malls were based on the panopticon idea.
what is problematic about this perspective?
are people rational? are most people rational? most of the time?
crimes of passion
drugs and alcohol? drunkenness law
can we quantify units of pleasure and pain?
does prison work?
do prisons create more crime?
people keep going back to prison recidivism
on what basis should punishment be based? should it be deterrence?
should prison be about pain? rehab? deterrence? or just separating bad from
the pathological perspective
deviance is examined differently depending upon the manner in which it is examined.