A. Short Answer Questions 1. Penal Spectatorship T The penal system, which is part of the larger criminal justice system, refers to a matrix of agencies that govern prisons, community-based policies like parole and probation boards, and all its’ constituents. Spectatorship of the penal system signifies the role of people outside the prison structure in preserving the formalities of that system. Specific aspects of our culture have permitted us to adopt certain perspectives towards punishment. The
Question 1. Both Thomas Mathiesen and Stanley Cohen argue that the alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). With this they are referring to community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is finished and is based on the premises of the old system (Mathiesen, 1974). Restorative Justice is not an alternative
be treated differently than a thief? Additionally, who is to decide what kind of treatment of prisoners, regardless of crime, is ethical and what is not? What standard determines ethical versus unethical? Who really concerns themselves which such questions? Is ethical treatment of prisoners related to profitability in our country?"It is argued that Plato
Weber: Inequality, Punishment & Religion Max Weber has the ideal theory when looking at the entirety of the social landscape. His theory of rationality, stratification, and his views of the state make the most sense. In the instances of religion, punishment and inequality Weberian arguments have a strong claim to supporting these phenomena. Weber’s claims of stratification support in a large measure, the ways the state continues its monopoly over the means of power and resources to act in its own
purpose of the following review is to give the readers a brief understanding of some issues by Garland on crime and social order in contemporary society. From the 19th century to the 20th, crime control state agencies have become instilled with ‘penal welfarism’ and rehabilitation. However since then they’ve been dominated by risk management, incapacitation and retribution. In clarifying this change Garland; the formal organisations of crime control have a tendency to be responsive. Garland states
In Discipline and Punish, Michel Foucault is concerned with state systems of punishment, providing a historical analysis of the modern penal system’s creation and continuity. He initially addresses the notion that prison-based penal systems are progressive and more humane than ever before, directly juxtaposing the experiences those publicly gruesomely tortured and those privately incarcerated. However, he acknowledges this dichotomy only to immediately flip it on its head, arguing that public torture
Investigating the Effectiveness of the British Penal System The Penal System: is the set of laws, and procedures that follow a conviction to a person, these are punishments including sentencing, community service and tagging. The British penal system is a system used in our country, which keeps crime and violence under control. It is a system, which has been set up for many years to try and help prevent crimes, to have justice and set victims free. Crime covers the
critique of abolitionism in this essay is targeted at specific elements of the criminal justice system. Four common themes of the abolitionist perspectives will be applied to the Singaporean case: domestic violence, interactions with youth crime, discretionary capital punishment, and racialization of imprisonment. The value of the abolitionists argument stems from the criticism made to hegemonies about penal institutions, practices, and processes. Discretionary capital punishment presents itself as the
reconceptualising of the notion of crime. Abolitionism emerged in the 1960s as an anti-prison movement, it was viewed as a way of reconstructing the social control of crime and deviance (Cohen, 1985). It holds that the role of the criminal justice system should be reduced drastically, and other methods of dealing with deviant behaviour should be adopted. The aim of this approach was to reduce the level of suffering offenders face, pushing for the state and society to rethink punishment and consider
In criminal cases where an insanity defense is used, the defense must prove beyond a reasonable doubt that the defendant was not responsible for his or her actions during a mental health breakdown. There are two forms of an insanity defense, cognitive and volitional. In order for an individual to meet the requirements for cognitive insanity it must be proven that the defendant had to be so impaired by a mental disease at the time of the act that they did not know the nature of what they were doing