Study Guide 1

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Jan 9, 2024

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CRIM 380 “Penology” Study Guide For Exam#1 1) What are the 2 opposing views on “human nature?”  Blank Slate: John Locke. Human nature is flexible and socially constructed. We’re born as “blank slates” and our beliefs and behaviors are inscribed onto that entirely malleable slate.  Evolutionary Biology: Evolved traits. Response to survival and reproductive challenges. High aggressiveness and low empathy are encoded into our brain and psychological mechanisms. Human nature is selfish. 2) What motivates human action based on Rousseau and Hobbes?  Rousseau: Altruism, compassion  Hobbes: self-interest 3) Which ideas about crime and punishment were introduced by Beccaria and Bentham?  Beccaria: punishment should fit the crime, punishment should be certain and swift, law designed to preserve public safety and order.  Bentham: to deter offenders – it must make sure pains of punishment outweigh the rewards of the offence. 4) What was the perspective of Classical school and Positivist school on the issue of free will – and the implications for sentencing?  Classical: human motivation is not determined by some force  Positivist: all actions have causes, dismissed free will belief; determinism – forces control the choice we make 5) What are the five correctional perspectives, their main objectives/justifications of punishment, strategy, central concerns, and view of offenders?

6) Based on Garland (1991) – what are the 2 standard ways of thinking about punishment, their central concerns, and importantly – limitations?  Penological: punishment is a way of crime control  Philosophical: what is just? Punishment set up as a moral problem 7) What did Durkheim say about the function of punishment and its changing forms in traditional and modern society? Punishment is functional for society. Crime is “normal” as it exists in every society. It is a social solidarity by punishing criminals maintains social solidarity, rules of the game. 8) What did Marx say about the function of the state, what was the emphasis of his approach to thinking about punishment, and major criticisms of his approach?  FUNCTION: to preserve the existing economic and political arrangements (economic and power interests of dominant class)  Emphasis: forms of punishment fir organization of production, fiscal and economic forces, size of labor force  Criticisms: Too deterministic in hypothesizing a billiard-ball link between economy, politics, and punishments. Does not provide nuanced explanation of differing experiences of juveniles, women, and ethnoracial minorities within the correctional system; Underplays the positive, crime- suppressing potential of corrections. 9) What 2 forms of power did Foucault talk about, their methods of control?  Sovereign power: monarch has complete control over people and their bodies. Inflicting pain on the body is a way to control people. Punishment is a public spectacle.  Disciplinary Power: New, more diffuse forms of control – governing not just the body, but the mind and soul. Surveillance is the main method and since nobody knows who is watched and when -self surveillance emerges and envelopes more people. Public executions disappear. 10) What did Elias say about punishment and the cause for disappearance of executions?  Punishment changed by shifting cultural sensibilities arising in civilizing process  Disappeared because of a new public/private realignment and privatization of taboo subjects 11) What is the process of “institutionalization” which Goffman speaks of, how is it achieved, what are the implications for rehabilitation, what is “secondary adjustment?”  Resocialization, reshaping of offender’s personality based on institutional goals and regulations  Via control, manipulation, mortification of inmate’s self  Inmates surrender everything and needs to demonstrate obedience to authority  Attempts of the inmate to regain his self, free-will and certain autonomy by gaining prohibited pleasures (or legit items in a prohibited way) but without direct challenge to authority 12) What are the key recurring themes in corrections?

 Money: desire to make money, issues of costs and resources, corrections as element of a class society  Politics: impact of political events and sentiments  Social Control: use of correctional institutions to remove undesirable or powerless populations  Religious influence  Intersection of class, race/ethnicity, age, gender  Mismatch between intentions and outcomes  Humanization of punishment 13) Based on Peters (1998), which correctional perspective did Socrates share? Did Greeks apply punishment equally regardless of social status? What did Greeks use prisons for?  Socrates: reform and deterrence are proper goals of punishment.  Unequal treatment based on social status: property sanctions for free citizens or aristocracy, harsher punishments for less privileged.  Athens used prisons for temp custody, coercive detention of debtors, torture, and executions, and for long term punishment 14) Based on Peters (1998), what was Roman attitude to life imprisonment, uses of prison, and XII tables’ provisions for use of imprisonment?  Romans valued freedom (used prison only to detain)  XII tables allowed imprisonment for unpaid debt only 15) Based on Peters (1998), which types of punishment were predominant in Europe during the Middle Ages? What was the role of pope and inquisition in the history of imprisonment?  Blood Sanctions (painful modes of punishment) + banishments  Role of the pope: 1 st western authority to allow imprisonment for punishment  Inquisition brought lay people under the ecclesiastic authority and established possibility of incarceration to reform heretics, or punish them for a determinate or indeterminate period of time 16) Based on Spierenburg (1998), what were the 5 degrees of corporal punishment in early modern Europe? What were the elements of the “theater of scaffold?”  5 degrees: whipping, burning the convict’s skin, mutilation, merciful “instant” death, prolonged death  Theater of the scaffold: presence of magistrates, execution procession, elaborate rituals, use of dead bodies as warnings, self-expression 17) Based on Spierenburg (1998), what is penal bondage, its major forms, why did it emerge?  Any punishment that puts severe restrictions on the condemned person’s freedom of action and movement, including but not limited to imprisonment  Major forms: galleys, public works, imprisonment at forced labor, transportation  Rise of penal bondage was driven by poverty and vagrancy rather than by crime control 18) Who is William Penn, and what penal reforms did he introduce?

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