Choose four (4) different TYPES of punishment (current or past) and for each discuss:
1) what was/is the related theory or historical context that influence(d) the development of this punishment
2) what are the stated GOALS of the punishment and are they achievable
Each of your answers (each type of punishment) should be 200 words
Deterrence
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Effecting Choice
One goal of punishment is changing the future CHOICES of both the offender and society in general. This is called DETERRENCE. To deter someone is to effect their future choice. This is based on Classical Criminology theory from Beccaria who argued that punishment should be rationally calculated so that the pain received was proportionally worse than the pleasure from the crime. A criminal is assumed to do a “cost-benefit analysis” when thinking about criminal behavior; if the costs (punishment) outweigh the benefit (criminal gains) then the criminal will not choose to do the crime.
There are 2 types of deterrence: Specific and General.
Specific Deterrence is effecting the choice of the individual offender – the punishment teaches them a lesson so they will not choose to commit a crime again
General Deterrence is effecting the choices of society in general – the punishment of the individual makes an example out o them for everyone else not to also choose that path
While this is often a stated goal of punishment – it may be hard to achieve. Deterrence assumes rational decision making during criminal behavior. It is also dependent on punishment being swift, certain and proportionate (as recommended by Beccaria) and that is not always the case. This goal also maintains that it is only the threat of punishment that controls deviant behavior, while there are many other cultural social controls as well.
Retribution
Getting Payment
Retribution is about getting the offender to pay for their crime in some way. It may be monetary or service or loss of privileges or time or freedom. When you fine an offender; or order them to pay restitution; or make them do service; or take away their driver’s license; or send them to prison; or put them under community supervision – they are paying for their crime. This is the most punitive goal of punishment – you are not trying to change their behavior, you just want you metaphorical “pound of flesh.
While victims often call for retributive punishment, and society demands it as well – this goal may be easy to achieve but it does little to prevent future criminal behavior.
Rehabilitation
Changing Context
While the term “rehabilitation” most commonly refers to dealing with substance abuse; that is only one type of punishment under this goal. Rehabilitation is a goal to change the situations or context of the offenders life. To look at their pathway to criminal behavior and attempt to change that. With the goal of rehabilitation the focus is on the causes of the criminal behavior (no job; no education; gang affiliation; substance use; past trauma; etc) and attempt to address those issues. So for example the boilerplate probation/parole requirement to not “associate with known criminals” could be considered a rehabilitation goal.
The goal here is not to get payment or effect future choice; but rather to address the context of the behavior. So requiring going back to school; or enrollment in job training would be examples rehabilitation as well as drug treatment. This goal can be very individualized.
Incapacitation
Keeping Control
The goal of incapacitation is all about controlling the offender to try to prevent them from offending again. The focus here is reducing recidivism as well as protecting society. The most obvious type of punishment to achieve incapacitation is prison as it is a highly controlled environment; however beyond that, and even community supervision, offenders can be controlled by suspended privileges and enforcing other living requirements (ie: sex offender registration).
There are two types of incapacitation: Selective and Collective
Selective Incapacitation is focused on managing the risk of an individual by predicting their future behavior. This goal examines the individual risk and implements punishment based on that selective assessment. An example would be a repeat offender being given a more serious carceral sentence because of his pattern of behavior.
Collective Incapacitation is focused more on the crime itself rather than the individual. In this case, everyone who commits a certain crime will be collectively incapacitated; regardless of their individual history of behavior. This goal maintains that the behavior or crime is the indicator of the risk rather than the individual. Examples included mandatory sex offender registration or even the internment camps for Asian Americans during WWII.
