Lecture 2: Punishment (PDF)

Lecture 2: Punishment Opening Problem Johnny and his friends are part of a gang, the Wild Cats, known for engaging in violent crimes, drug use, and graffiti art. One night, after drinking a lot of alcohol, Johnny steals a Ferrari, and crashes it into a tree, almost killing an old lady in the p...

Lecture 2: Punishment Opening Problem Johnny and his friends are part of a gang, the Wild Cats, known for engaging in violent crimes, drug use, and graffiti art. One night, after drinking a lot of alcohol, Johnny steals a Ferrari, and crashes it into a tree, almost killing an old lady in the process. Thankfully, she was unharmed, but Johnny was prosecuted for stealing the car, and recklessly endangering her life. During the trial, the defense made the case that Johnny has been disenfranchised all his life, came from poverty, and has been suffering from addiction since a young age. They also said that as Johnny is the father to two young girls, putting him in prison would deprive them of his time and attention. On the contrary, the prosecution made the claim that Johnny had a history of criminal offending, committed a serious crime he deserved to be punished for, and needed to be made an example of for other criminals. You are the trial judge in this case – would you send Johnny to prison? Why/why not? Week 37 Punishment September 2024 2  What Are the Advantages of Sending Criminals to Prison? Week 37 Punishment September 2024 3  Principles of Punishment Features Philosophy Purpose Perspective Considerations Retribution An eye for an Justice Past Fair and eye proportionate Deterrence The greater Prevention Future Severity and Principle good certainty Elimination The greater Safety Future Justice and good procedure Rehabilitation Victims of Care Present Ethics and circumstance complications Week 37 Punishment September 2024 4 Applying Theories of Punishment Week 37 Punishment September 2024 5  What Are the Disadvantages of Sending Criminals to Prison? Week 37 Punishment September 2024 6 Problems for Prisoners Institution- Social alisation problems Labelling Imprisonment Economic problems Week 37 Punishment September 2024 7 Problems for Victims Criminal Justice Punish Justice for Criminal Victim Secondary Victimisation State Impact Compensation Statements Week 37 Punishment September 2024 8 Problems for Society Week 37 Punishment September 2024 9  Should We Send Criminals to Prison? Week 37 Punishment September 2024 10 Philosophical Critiques of Punishment Should we Send Criminals to Prison? Yes No Durkheim Kropotkin Foucault Collective Competition Unnatural and Conscience vs. problematic Corporation Week 37 Punishment September 2024 11  Questions and Discussion Week 37 Punishment September 2024 12 Question 1 Given your knowledge of the problems that can be caused by the imprisonment of criminals, what do you think would be the advantages and disadvantages of private prisons i.e., prisons run by private companies, rather than the state? On this basis, would you be in favour of private prisons? Why/why not? Week 37 Punishment September 2024 13  Question 2 Which theory of punishment relates to which of these pictures? Please justify your answer. A. C. B. Week 37 Punishment September 2024 14 Question 3 Some commentators have argued that punishment is an exactment of power by the elite of society on the underprivileged. Why might they argue this? Do you agree with such arguments? Week 37 Punishment September 2024 15