Chapter 1 The Rationale for Imprisonment Philosophy of

Chapter 1 The Rationale for Imprisonment

Philosophy of Punishment n Philosophy n n n “A critical study of fundamental beliefs and the grounds for them” Philosophy of punishment explains why we punish Punishment n “Infliction of pain, by a lawful authority, in response to a violation”

Retributive Rationale n n n Punishment is not an evil Retribution is providing punishment equal to the wrongful act Right to punish lies in the social contract n n But does everyone benefit from social contract? Immanuel Kant: criminal “deserves” punishment

Utilitarian Rationale n n n Punishment is an evil that can only be justified by a greater good Utilitarianism defines good as that which benefits the majority Cesare Beccaria: punishment must be certain, swift, and proportional to crime Jeremy Bentham: Hedonistic calculus (deter through promise of pain) Social contract is relevant to utilitarianism Goals of punishment: deterrence, incapacitation, rehabilitation

Methods of Punishment n n n Corporal Economic Psychological

Philosophy of Imprisonment n Discussion of philosophy shifts from punishment in general to prison in particular

Paradigms and Prison n Conservative view of prison n n Liberal view of prison n n Reformation and rehabilitation (1900 s) Radicalism n Deterrence and incapacitation (up to l 800 s) Use of prison has economic rationale

The New Conservatism: Justice and “Just Desserts” n n Mid 1980 s: disillusionment with “rehabilitative era” of the 1970 s New retributivism n Punishment should be central purpose

The Effect of Retributivism and a New Era (1 of 2) n Restorative Justice: An Alternative Philosophy? n “Penal harm” movement: prison is excessively harmful to individuals and communities n Restorative justice: meeting needs of victims, offenders and communities n Mediations, sentencing conferences, sentencing circles, victim compensation

The Effect of Retributivism and a New Era (2 of 2) n Utilitarian Caring: The Reintegrative Movement n n Recognition of large numbers (some say 600, 000) prisoners released into community Reintegration is a term from the 1970 s n Recognition that ex-prisoners need help adapting to community living