c111 cia #1

David Garland’s Work

Examines punishment through 3 lenses (approaches)

→ Penological approach (what works to discourage behavior)

→ Philosophical approach (what is fair)

→ Sociological approach (social processes by which punishment is produced)

Penological approach

• Concern: the actual practice/purpose of punishment. What works for reducing crime & controlling behavior?

• Aim: Efficiency & Effectiveness

• A means to an end - crime control

• Examples: deterrence, rehabilitation, incapacitation

Philosophical approach

• Concern: The nature of punishment/ethical and moral justification of it. What punishment is right or wrong, good or bad? What is just?

• Aim: To justify a punishment & identify the conditions where a punishment is just

• Examples: Utilitarian, deontological

Sociological approach

• Concerns: Focuses on maintaining social order and reflecting social norms and values.

• Aim: To describe and explain the social processes by which punishment is produced as well as the ways punishment shapes society

• Examples: Durkheim, Hay, Foucault, A. Davis

David Garland Says…

Punishment - A complex and differentiated process involving:

→ 1. Discourse frameworks of authority and condemnation

→ 2. The formal process of giving out punishments, the systems and organizations that carry them out, and the use of symbols and images to communicate this process to people

Kalief Browde

You can still punish people even without them committing crimes

→ He was still being “punished” even after being released (shame, low mental health)

Perplexing Philosophical and Psychological Phenomena of Punishment

Punishment requires justification because it is morally problematic

What is Punishment?

• Infliction of pain on the offender for a legal or moral offense

→ Ex: Physical pain, social isolation, public humiliation

• Goal of Punishment: to bring unpleasantness and suffering

• Punishment needs to be intentionally administered by a human being

Justification of Punishment

• Punishment is an effective way for avoiding future harm (public deterrence)

• Moral or legal codes are violated and deserve punishment

• Punishment is a response to disruption in social order

Why do we Punish?

1. Public Safety

2. Protection of Rights

3. Social Order

4. Economic Well being

5. Quality of life

6. Promotion of Justice & Fairness

Deontology

Deontological punishment is justified because the offender deserves it (focused on moral duty and retribution)

Utilitarian

Utilitarian punishment is justified because it produces beneficial consequences like deterrence, rehabilitation, or social protection

Hart's General Justifying Aim from the Principle of Distribution

• The general justifying aim of punishment is its beneficial social consequences (a utilitarian view)

• The principle of distribution limits this aim by requiring punishment only for actual offenders for actual offenses, and that punishment be proportionate. 

• Hart’s key point: Punishment must be justified by its social benefits (aim) but constrained by justice (distribution); you can’t punish the innocent even if it might deter crime.