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Theoretical Approaches to Punishment

Functionalists and Marxists have different approaches to the purpose and aims of criminal punishment.  

The Functionalist view 

The Functionalist view 

  • Durkheim believed that punishment is ‘expressive’ as it heals the wounds of the public while also promoting the value consensus.
  • In his view, traditional societies used ‘retributive justice’.
  • This was simple, effective and often brutal.
Restitutive justice

Restitutive justice

  • However, in modern societies have moved to using ‘restitutive justice’.
  • Punishment must now restore a sense of equilibrium to society by ensuring that the community is healed from the damage of the offence that was committed. 
The Marxist view 

The Marxist view 

  • The role of punishment is to benefit capitalism through the imprisonment of the working classes.
  • The criminal justice system use ‘selective law enforcement’ to protect the interests of the ruling class and therefore acts as a ‘repressive state apparatus’ by making the proletariat conform due to the fear of punishment. 
Role of prisons

Role of prisons

  • The role of prisons has changed over time.
  • Garland discusses how prisons are being used as the main form of punishment in the USA and in the UK.
  • Garland believes that prisons are now used by politicians to prove to the electorate that they are tough on crime, and as a result they will gain electoral popularity and win elections.   
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