Does The Punishment Fit The Crime?

864 Words2 Pages

Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society along with an underlying, perpetual fear of crime are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfarism and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes. In the early modern era in Europe, public executions were the primary punishment given to members of society who were involved in criminal behavior. This form of punishment served to showcase the absolute power of the state, King and church to take away the life of any citizen who disrupts peace. It was a way to make the criminal justice system visible and effective in an era when the criminal justice system was in its beginning stages of demonstrating orderliness (Spierenburg). More specifically, it was a relatively straightforward and psychological way to evoke deterrence. The potential of gruesome violence, public persecution and religious betrayal were tools thought to be strong enough to make public executions a successful form of deterrence because within the community, social bonds and religion were the fou... ... middle of paper ... ...to achieve this type of positive outcome. Prisons need to be structured, orderly, isolated and individualized in order to really rehabilitate the offender. Despite the very strict methods needed in order to accomplish prisoner reformation, this type of punishment was still a far cry from the public executions that were popular in earlier history. Policy makers, the public and a new generation of thinkers were now focused on stabilizing American society and improving the conditions of mankind (Rotham), particularly when it came to the criminal justice system rather than simply demonstrating power and control to try and maintain deterrence. Along with society’s natural progressive focus on humane, useful and educated responses to criminal behavior was a fear of crime that has been developing and also helps to explain the changes in punishment throughout history.

Open Document