8/28/13
Deterrence
Two types - General and specific General: Punishment as an example to the general public Specific: Punishment inflicted on criminals to deter
Asumptions
Operates under utilitarianism: human behavior is governed by the individual's risk vs reward Punishment must be certain, swift, severe Are these reasonable assumptions?
Incapacitation Defined: Simply put, when individuals are incarcerated or executed, they cannot commit further crimes Focuses on characteristics of the offenders instead of characteristics of the offense (how likely they are to reoffend?) Any type of sentence that physically restricts an offender can have an incapacitating effect Selective incapacitation: Best use of expensive/limited prison space, idea is to target those offenders whose incapacity will do the most to reduce crime in society (violent offenders/long criminal records)
Problem with "3 strikes" Cost effectiveness. Overcrowded Increase in crime later on. Unfair to certain offenders (overly harsh) Prediction of recidivism far from perfect Critical point/issue with incap: Punishment based on something offender hasn't done yet
Theories of Punishment: Rehabilitation
Rehabilitation
Restoring convicted offender to constructive place in society through education and therapy Why's this appealing? Because family, also because cost effective. Goal is oriented soley towards offender; Not consistent relation between severity of "punishment (aka treatment) and gravity of crime Lost of importance in 70, 80, 90, gaining ground again though.
Psychological Programming Treating underlying mental health problems Assumes medical model but this isn't always true. Can't deny the numbers though, look on page 354: 56% of incarcerated people have mental problems
Issues wih Psychotherapeutic approaches One key aspect: Wanting to be there Inmates don't pay, why should they care? Accepted