Chapter 1
The Rationale for
Imprisonment
Philosophy of Punishment
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Philosophy
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“A critical study of fundamental beliefs and
the grounds for them”
Philosophy of punishment explains why
we punish
Punishment
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“Infliction of pain, by a lawful authority, in
response to a violation”
Retributive Rationale
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Punishment is not an evil
Retribution is providing punishment
equal to the wrongful act
Right to punish lies in the social
contract
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But does everyone benefit from social
contract?
Immanuel Kant: criminal “deserves”
punishment
Utilitarian Rationale
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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
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Corporal
Economic
Psychological
Philosophy of Imprisonment
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Discussion of philosophy shifts from
punishment in general to prison in particular
Paradigms and Prison
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Conservative view of prison
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Liberal view of prison
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Deterrence and incapacitation (up to l800s)
Reformation and rehabilitation (1900s)
Radicalism
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Use of prison has economic rationale
The New Conservatism:
Justice and “Just Desserts”
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Mid 1980s: disillusionment with
“rehabilitative era” of the 1970s
New retributivism
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Punishment should be central purpose
The Effect of Retributivism
and a New Era (1 of 2)
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Restorative Justice: An Alternative
Philosophy?
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“Penal harm” movement: prison is excessively
harmful to individuals and communities
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Restorative justice: meeting needs of victims,
offenders and communities
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Mediations, sentencing conferences,
sentencing circles, victim compensation
The Effect of Retributivism
and a New Era (2 of 2)
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Utilitarian Caring: The Reintegrative
Movement
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Recognition of large numbers (some say
600,000) prisoners released into
community
Reintegration is a term from the 1970s
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Recognition that ex-prisoners need help
adapting to community living