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Chapter 1

Chapter 1. The Rationale for Imprisonment. Philosophy of Punishment. Philosophy “A critical study of fundamental beliefs and the grounds for them” Philosophy of punishment explains why we punish Punishment “Infliction of pain, by a lawful authority, in response to a violation”.

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Chapter 1

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  1. Chapter 1 The Rationale for Imprisonment

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

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

  4. Utilitarian Rationale • 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

  5. Methods of Punishment • Corporal • Economic • Psychological

  6. Philosophy of Imprisonment • Discussion of philosophy shifts from punishment in general to prison in particular

  7. Paradigms and Prison • Conservative view of prison • Deterrence and incapacitation (up to l800s) • Liberal view of prison • Reformation and rehabilitation (1900s) • Radicalism • Use of prison has economic rationale

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

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

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

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