Criminal Justice: Case Study of Johnny

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Questions and Answers

Which of the following best describes the primary concern regarding institutional problems associated with imprisonment?

  • State compensation for victims
  • Rehabilitation of prisoners
  • Restorative justice for victims
  • Labelling of prisoners (correct)

What concept relates to the idea that the elite exert power over the underprivileged through punishment?

  • State compensation
  • Social justice
  • Secondary victimisation
  • Collective conscience (correct)

Which philosopher is associated with critiquing the naturalness of punishment?

  • Foucault (correct)
  • Kropotkin
  • Durkheim
  • Marx

Which problem for victims is associated with experiencing further trauma due to the criminal justice system?

<p>Secondary victimisation (D)</p> Signup and view all the answers

What is a potential disadvantage of private prisons compared to state-run facilities?

<p>Profit motives overriding inmate welfare (C)</p> Signup and view all the answers

In the context of punishment, what aspect do Durkheim's views emphasize?

<p>Social order (C)</p> Signup and view all the answers

What is a common economic problem faced by prisoners after release?

<p>Difficulty in finding stable housing (D)</p> Signup and view all the answers

Which of the following statements aligns with the philosophical critique of punishment as competition?

<p>Punishment is an elite tool for societal control (B)</p> Signup and view all the answers

What was one of the main defenses used for Johnny during his trial?

<p>He was suffering from addiction. (B)</p> Signup and view all the answers

What is the primary purpose of deterrence in punishment philosophy?

<p>To prevent future crimes. (B)</p> Signup and view all the answers

Which principle of punishment emphasizes making a punishment proportionate to the crime committed?

<p>Retribution (C)</p> Signup and view all the answers

According to the prosecution's argument, what was a reason for increasing the severity of Johnny's punishment?

<p>His history of criminal offending. (B)</p> Signup and view all the answers

Which of the following is a disadvantage of sending criminals to prison?

<p>It fails to rehabilitate offenders. (C)</p> Signup and view all the answers

What is the focus of the principle of rehabilitation in punishment?

<p>To care for victims of circumstance. (A)</p> Signup and view all the answers

What does the 'elimination' principle in punishment primarily address?

<p>Achieving the greater good for society. (A)</p> Signup and view all the answers

Which statement reflects a key consideration in the philosophy of punishment?

<p>Justice should proportionately align with the crime. (D)</p> Signup and view all the answers

Flashcards

Retribution

Punishment aims to restore justice by inflicting pain or hardship on the offender, proportional to the crime.

Deterrence

Deterrence attempts to prevent future crimes by showing the consequences of breaking the law.

Elimination

Elimination aims to keep criminals away from society to protect the public.

Rehabilitation

Rehabilitation aims to help criminals change their behavior and reintegrate into society.

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Principles of Punishment

The principles of punishment guide how we deal with criminals. Each principle emphasizes different goals and perspectives.

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Applying Theories of Punishment

The application of punishment theories to real-life cases is complex, considering factors like the crime, offender's background, and potential consequences.

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What are the advantages of sending criminals to prison?

Sending a criminal to prison can have various positive outcomes, including deterring future crimes, upholding justice, and protecting society.

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What are the disadvantages of sending criminals to prison?

There are also downsides to prison, including potential for recidivism, social isolation, and financial burden on society.

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Labelling Theory

The process by which an individual's identity becomes defined by their criminal status, potentially leading to social exclusion and limited opportunities.

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Imprisonment

The state of being confined within a prison, often resulting in social isolation, loss of freedom, and potential psychological distress.

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Durkheim's Theory of Punishment

The idea that prison is a necessary tool for society to collectively express disapproval for criminal behavior and uphold moral boundaries. It serves as a deterrent and reinforces social order.

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Punishment as an Expression of Power

The argument that punishment is based on power dynamics, with the ruling class imposing control over the less privileged through criminalization and confinement.

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Foucault's Critique of Punishment

The view that prisons are inherently unjust and ineffective, as they fail to address the root causes of crime and often exacerbate social problems like poverty and inequality. This view advocates for alternative restorative justice approaches.

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Institution-based Problems of Imprisonment

A theory that focuses on the social consequences of imprisonment for the individual, including social stigma, limited employment opportunities, and challenges to reintegration.

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Problems for Victims

The challenges faced by victims of crime, including the psychological trauma, safety concerns, and difficulties in accessing justice and support. This includes re-victimization by the justice system and societal attitudes.

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Social Problems for Society

The potential for increased crime rates due to societal factors like poverty, inequality, and systemic barriers. This suggests that punishment alone might not be effective without addressing broader social issues.

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Study Notes

Lecture 2: Punishment - Opening Problem

  • Johnny, part of the Wild Cats gang, engaged in violent crimes, drug use, and graffiti.
  • After drinking heavily, Johnny stole a Ferrari and crashed it, nearly harming an elderly woman.
  • Despite no serious injury, Johnny was prosecuted for theft and reckless endangerment.
  • The defense argued Johnny's disadvantaged upbringing, poverty, and addiction.
  • The defendant is a father of two young girls and imprisonment would cause them emotional distress
  • The prosecution countered that Johnny deserved punishment for his criminal history.
  • A case study analysis was suggested for students to decide if Johnny should be sent to prison and why.

Lecture 2: Punishment - Advantages of Prison

  • No specific advantages listed in the provided text

Lecture 2: Punishment - Principles of Punishment

  • Retribution: Philosophy of "an eye for an eye" aiming for Justice in the past
  • Considerations for retribution: Fair, proportionate punishment.
  • Deterrence: Aims for the greater good by discouraging future offences through prevention
  • Considerations for deterrence: Severity and certainty are crucial
  • Elimination: Protecting safety for the greater good in the future
  • Considerations for elimination: Justice and procedure must be upheld.
  • Rehabilitation: Focuses on victims of circumstances, offering care to the present.
  • Considerations for rehabilitation: Ethical considerations and potential complications need attention.

Lecture 2: Punishment - Applying Theories of Punishment

  • No specific information presented regarding this part of the lecture in the provided text.

Lecture 2: Punishment - Disadvantages of Prison

  • No specific disadvantages listed in the provided text.

Lecture 2: Punishment - Problems for Prisoners

  • Imprisonment: Causes various issues for prisoners:
  • Economic problems
  • Labeling: Social and professional consequences.
  • Institution-alisation: Problems with reintegration into society.
  • Social Problems

Lecture 2: Punishment - Problems for Victims

  • Criminal Justice: Leads to secondary victimization for the innocent.
  • Justice for Victims: Inadequate compensation or support for victims.
  • Secondary Victimization: Negative outcomes and emotional distress for victims of crime.
  • State Compensation: Insufficient financial support, and insufficient means for the affected party.

Lecture 2: Punishment - Problems for Society

  • A circular diagram represents a continuous process involving several key components.
  • The components of the diagram illustrate the economic and social effects of a legal system on society at large and its citizens.

Lecture 2: Punishment - Should We Send Criminals to Prison?

  • No concrete answer to the question.
  • The presentation explores the debate on this topic from several philosophical perspectives.

Lecture 2: Punishment - Philosophical Critiques of Punishment

  • Pro-Prison (Durkheim): Collective consciousness, the collective good
  • Anti-Prison (Kropotkin): Competition vs. Cooperation in society
  • Anti-Prison (Foucault): Punishment as unnatural, problematic, negative consequences

Lecture 2: Punishment - Questions and Discussion

  • Question 1: Evaluating the advantages and disadvantages of private prisons compared to state-run prisons. Should private prisons be favored?
  • Question 2: Matching theories of punishment to images. Justifications needed.
  • Question 3: Examining the proposition that punishment is an act of power from a privileged class. Discussion on whether this argument holds merit.

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