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Crim midterm 2.pdf

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University of Ottawa
Carolyn Gordon

CRIM midterm review 5 Major areas a) advent of prisons b) Marxism c)colonies, convents, captors and captives d)Statistics e)Biological positivism Prisons: changes in use of jails of sanction: -The roman Empire has holding cells and penile servitude dungeon facilities are in poor conditions, little sanitation, no protection from the cold. People were held while waiting for court session or until punishment could be carried out. Workhousth: -late 18 century workhouses were being used as facilities for jails. They were intended to teach industrious mindsets. They were not maintained by a state which means no food, healthcare or anything in terms of basic human rights. debtor's prison: -holding place for people who owe a debt to someone -debtor's were often housed with their family -were expected to pay rent and if they could not afford it they stay until they can pay off their debt and than until they could pay the second debt for rent/imprisonment County Jail: -fortified rooms with mixed populations -huge emphasis on profit; fee for cost of living, fee for each step of every process. -there was no regulation of administration -they were privately owned and the government did not pay for anything -families were also able to live together along with livestock. Notes on the Jails: -there was no separation between humans and animals, children and mature people, men and women. -often women would become pregnant to avoid a death sentence -jails were run for profit, there was fees for everything simply to make money and was carried out until the late 1700s in England -Public funded services of today had fees for people then. (fee to visit the nurse etc.) -the warden/owner had no one to answer to therefore there was little control of what occurred in the jail with respect to basic human rights. -Typhoid also known as 'jailhouse fever' spread throughout the prisons, 1 in 4 inmates died before their sentence could be carried out. Societal changes: -because of the enlightenment the people started to challenge the monarchy, wanting a government for the people by the people. -there was a increase in leniency; particular legislation set expectations to what the standard was. -the act of 1800 had reductions in both corporal punishment and capital punishment. Crisis: -classical criminology calls for calculated punishments -the crime waves cause overcrowding -the industrial revolution; there was a labour market that needed disciplined workers. They started to depend on other alternatives that could help reenforce disciplined workers. Solution to crisis: -hulks were more common -jails become the default and primary penalty -the result to removing corporal and capital caused more overcrowding and there was major emergence of prisons The Fry and Howard societies: John Howard: -petitioned the state to abandon jails -many concerns with the facilities -wanted to reform the prisons in terms of food and basic healthcare -wanted to create better living conditions -imprisonment on its own was useless and was not doing its job. -locking up people and giving them no basic human rights makes them much more likely to return to prison after they are released. Prisons are supposed to be more like a rehab than simply cells to lock people into. Elizabeth Fry: -similar to Howard but was more concerned with the conditions of women and children -wanted to separate the women from the men and the children from the adults -advocated for schooling during the day for children to avoid the children from returning. -she recognized that the women were extremely fragile and wanted to take new approaches to be as respectful as possible. Notes on Fry and Howard: -both advocated to add religious components -they both wanted to change jail from holding cells for prisoners but to create services to help reform inmates. -reform alternative was to incarcerate people based on the mens rea (guilty mind) the reason why people were committing crimes -control the body and the mind. So lock up the body and try to remove temptations that foster crime. -discipline both the prisoners and the guards Justifications: 1) punishment was labour and it was made as bad as it could be made. The clothing was rough in order to hurt the inmates more than the physical labour 2) Teach the inmates about labour and socialization so that when they return to the real world they could make an honest living instead of turning to crime. 3) reform and repent: penance was used (voluntary self punishment) and solitary confinement Bentham's panopticon: -all seeing, the guards saw everything always. -power was seen as mind over mind -symbolic and practical separation with no escape -solitude (the state of being alone) is repent Prison construction 1780-1840: -there was an increase in prison construction -institutions were being built mixing the ideas of deterrence and guilt not rehabilitation -the principle and expectation is that silence will prevail, there was to be no communication between prisoners -prisoners were provided with places to reflect and repent in order to make good of the wrong they have done. -models:Auburn and pennsylvania Marxism: key concepts: -historical materialism was a method of inquiry in which Marx made observations; history from material base -his coming up in poverty effected the way he perceived things. He is helping to understand historical context to better understand the social and political context -capitalism is an economic system that exploits workers and the mode of production is means and relations -superstructure: church, family, media, state, school, ideology were al shaped by economic relationship. It was organized to promote capitalism -ideology were systems of ideas that shape the views of the population. This was the way of realizing the hegemony. The state and criminal justice system operate in the interest of capital -the class was proletariat and the bourgeoisie Consensus vs. Conflict: Consensus: -everyone is is in agreement about morals, values and ideologies -social agreement about morality, laws and that the criminal justice system operates to benefit the majority in order to maintain the status quo. -definition of crime is not questioned, it is assumed Conflict: -the social relations are full of conflict within society. -the social system generates the conflict, the tensions and the inequalities the way in which our system is set up to help others succeed over others -conflict is inevitable -conflict is over the distribution of resources -conflict is bi-polar (workers vs owners) -conflict leads to change concepts of crime, law and CJS: -capitalist exploitation is theft -the capitalist ideology is competition and consumption which both result in crime. -crime is the outcome of class conflict and stress -definition of crime: is any threat to capital, the wrongdoing of the rich is not criminalized, -crime is ideological construct, so it diverts attention and blames street crime not capitalism, it devides the working class and creates false consciousness -the criminal justice system is ideological; the validity of law masks equality -the CJS protects capital from threat and controls the surplus of populations -crime is economically useful because it creates employment for criminals Solutions: -there was fundamental social change -the eradication of capitalism -switched to socialist societies and classless societies. Contributions: -concept of conflict -critical thought (state control of crime) -concept of ideology -historical materialism Critiques: -law in both its codification and its application are not neutral but reflect the interests of powerful segments of society and functions to benefit certain populations at the expense of others -economic determinism -liberal democratic state -advantages of capitalism -modernism Statistics: Importance: -we recognize that we depends on stats when trying to establish patterns or frequency in which things occur -they help us predict patterns and things to come -most helpful in making policies in
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