Exam 1 P&P

Consequentialism

Consequentialism

An ethical system that determines the goodness or evilness from the effect or result of an act; seeks to maximize social benefits and produce more good than harm

Retributivism

a policy or theory of criminal justice that advocates the punishment of criminals in retribution for the harm they have inflicted

Retributivism (Retribution)

theory of punishment that emphasizes personal responsibility and punishment as a moral condemnation for crimes committed

Retributivism (Just Deserts)

theory of punishment that emphasizes the rights of the punished; mistrust for the power exercised by the state, mistrust for rehabilitation

Educational and Communicational Philosophies

aim to reform the punished, induce regret, and instill moral principals into the offender

limitations of philosophies of crime

Assumes punishment is necessary, Problem with the concept of "crime" and the need for state sanctions, Assumes that the state is the agent naturally in charge of regulating and punishing deviation, Relies on particular assumptions regarding the characteristics of the perpetrator

Sociology of Punishment

understanding the broad social functions of punishment and its relationship with other institutions

Penology

the study of the punishment of crime and of prison management; takes institutions for granted

Sociology

Ask about how the society organizes punishment, Why certain societies adopt certain types of punishment, Relationship between theories of punishment and contexts of emergence

The punitive turn

The move from criminal justice policies and programs aimed at rehabilitating offenders toward those that simply offer punishment for its own sake. This shift occurred despite declining crime rates and evidence that punishment is not always effective

Culture of Control (Garland)

Punitiveness has reinforced rather than weakened the power of the state, Effective control of class and racial anxieties, Reaction to social insecurity, not criminal insecurity, Culture of control non-monopolized by right wing conservatives, Coherent reaction from the political and penal systems, caused by neoliberalism and not late modernity

Social changes in the culture of control (Garland)

shift in emphasis from reactive to proactive and community policing, Emergence of the "third sector", Declining autonomy of CJ system, penal welfarism

the "third sector"

New apparatus of prevention and security, Developed alongside the CJ system + composed of civil society, local actors, public-private partnerships, community policing, multiple agencies

Declining autonomy of CJ system

Populist current diminished the autonomy of the CJ system

Responsive to public and other "clients"s needs. Change of mechanisms of political action in the field, micromanaging of penal decision-making (ex. Mandatory minimums, sentencing guidelines, performance indicators)

Penal Welfarism

Emphasis on control and risk management; Views offenders as culpable, undeserving, and dangerous individuals

punitive populism

Politicians gained political capital promising harsh penalties and risked losing their seats if they were "soft on crime"

Wacquant

hypothesizes increases in punishment are due to increases in social insecurity rather than a relation to crime

Decline of the welfare state

Replacement of welfare state with disciplining of labor

Emergence of carceral state (Prison state)

The increase in the penal state did not respond to an increase in crime, rather, it was the response to the class and racial advances of the 60's

Alexander

believed racism is a main driver of mass incarceration, which is the third of many attacks on minorities (Slavery -> Jim crow -> Mass Incarceration)

How mass incarceration works

Under guise of the war on drugs: Roundup -> conviction ->invisible punishment

Governs entire communities of color, Serves to redefine the relationship between poor people of color and white society and reinforce their marginal status, CJ no longer concerned with prevention and punishment of crime but with the management and control of dispossessed

Parallels and Differences: Jim Crow v Mass Incarceration

Parallels: legalized discrimination, political disenfranchisement, exclusion from juries, closing of courthouse doors to claims of racial bias, racial segregation, symbolic production of race.

Differences: Jim crow was racially based and mass incarceration was not (intentionally), role of racial stigma and collective action, absence of overtly racial hostility, inclusion of whites in the system of control, african american's support for "get tough" policies.

Pfaff- Standard Story

The war on drugs is primarily responsible for mass incarceration -> Long sentences have driven growth -> Emphasis on the "prison industrial complex" and private prisons -> race played a critical role in the increase of the prison population

Golash-Boza

In the last few decades, and especially after 9/11, there has been an unprecedented expansion of immigration law enforcement that has led to mass deportations, including new focus on immigration in regard to crime control

Similarities between mass incarceration/deportation

demographic affected, politics of fear, crises of capitalism, corporate profit