Difference between revisions of "Punishment" - New World Encyclopedia

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[[Category:Politics and social sciences]]
 
[[Category:Politics and social sciences]]
 
[[Category:Law]]
 
[[Category:Law]]
 
[[Category:Sociology]]
 
[[Category:Sociology]]
  
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[[Image:Man and woman undergoing public exposure for adultery in Japan-J. M. W. Silver.jpg|thumb|250 px|right|Man and woman undergoing public exposure for adultery in Japan from ''Sketches of Japanese Manners and Customs,'' by J. M. W. Silver, published in 1867]]
  
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'''Punishment''' is the practice of imposing something unpleasant on a subject as a response to some unwanted or immoral behavior or disobedience that the subject has displayed.
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'''Punishment''' is the practice of imposing something unpleasant on a person as a response to some unwanted or [[morality|immoral]] behavior or disobedience that they have displayed. Punishment has evolved with [[society]]; starting out as a simple system of [[revenge]] by the individual, [[family]], or [[tribe]], it soon grew as an institution protected by [[government]]s, into a large penal and justice system. The methods of punishment have also evolved. The harshest—the [[death penalty]]—which used to involve deliberate pain and prolonged, public [[suffering]], involving stoning, burning at the stake, [[hanging, drawing and quartering]], and so forth evolved into attempts to be more humane, establishing the use of the [[electric chair]] and [[lethal injection]]. In many cases, physical punishment has given way to socieconomic methods, such as fines or [[prison|imprisonment]].
  
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==Word history==
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The trend in criminal punishment has been away from revenge and retribution, to a more practical, utilitarian concern for [[deterrence]] and [[rehabilitation]]. As a deterrent, punishment serves to show people [[norm]]s of what is right and wrong in society. It effectively upholds the morals, [[value]]s, and [[ethics]] that are important to a particular society and attempts to dissuade people from violating those important standards of society. In this sense, the goal of punishment is to deter people from engaging in activities deemed as wrong by [[law]] and the population, and to act to reform those who do violate the law.
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The word is the abstract substantivation of the verb to punish, which is recorded in English since 1340, deriving from Old French ''puniss-'', an extended form of the stem of ''punir'' "to punish," from Latin ''punire'' "inflict a penalty on, cause pain for some offense," earlier ''poenire'', from ''poena'' "penalty, punishment."
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The rise of the protection of the punished created new social movements, and evoked prison and penitentiary reform. This has also led to more rights for the punished, as the idea of punishment as retribution or revenge has large been superseded by the functions of protecting society and reforming the perpetrator.
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Colloquial use of to punish for "to inflict heavy damage or loss" is first recorded in 1801, originally in boxing; for punishing as "hard-hitting" is from 1811.
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[[Image:William Pyne- The Costume of Great Britain (1805) - The Pillory.JPG|thumb|250 px|right|William Pyne: The Costume of Great Britain (1805) - The Pillory]]
  
 
==Definitions ==
 
==Definitions ==
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In common usage, the word "punishment" might be described as "an authorized imposition of deprivations — of freedom or privacy or other goods to which the person otherwise has a right, or the imposition of special burdens — because the person has been found guilty of some criminal violation, typically (though not invariably) involving harm to the innocent." (according to the [[Stanford Encyclopedia of Philosophy]]).
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'''Punishment''' may be defined as "an authorized imposition of deprivations &mdash; of freedom or privacy or other goods to which the person otherwise has a right, or the imposition of special burdens &mdash; because the person has been found guilty of some criminal violation, typically (though not invariably) involving harm to the innocent."<ref> Adam Bedau, 2005. [http://plato.stanford.edu/entries/punishment/ "Punishment"] ''Stanford Encyclopedia of Philosophy.'' Retrieved July 17, 2007. </ref> Thus, punishment may involve removal of something valued or the infliction of something unpleasant or painful on the person being punished. This definition purposely separates the act of punishment from its justification and purpose.
  
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The most common applications are in legal and similarly 'regulated' contexts, being the infliction of some kind of pain or loss upon a person for a misdeed, i.e. for transgressing a law or command (including prohibitions) given by some authority (such as an educator, employer or supervisor, public or private official).  
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The word "punishment" is the abstract substantiation of the verb to punish, which is recorded in English since 1340, deriving from Old French ''puniss-,'' an extended form of the stem of ''punir'' "to punish," from [[Latin]] ''punire'' "inflict a penalty on, cause pain for some offense," earlier ''poenire,'' from ''poena'' "penalty, punishment."<ref> "punish" [http://www.etymonline.com/index.php?search=punish&searchmode=none Online Etymology Dictionary] Retrieved July 17, 2007. </ref>
  
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===In psychology===
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The most common applications are in legal and similarly regulated contexts, being the infliction of some kind of pain or loss upon a person for a misdeed, namely for transgressing a [[law]] or command (including prohibitions) given by some authority (such as an educator, employer, or supervisor, public or private official). Punishment of children by [[parent]]s in the home as a disciplinary measure is also a common application.
  
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In the field of [[psychology]] punishment has a more restrictive and technical definition.  In this field, punishment is the reduction of a behavior via a stimulus which is applied ("''positive'' punishment") or removed ("''negative'' punishment"). Making an offending student lose recess or play privileges are examples of negative punishment, while chores or [[spanking]] are examples of positive punishment. The definition requires that punishment is only determined after the fact by the reduction in behavior; if the offending behavior of the subject does not decrease then it is not considered punishment.  There is some [[conflation]] of punishment and [[aversives]], though an aversive that does not decrease behavior is not considered punishment.
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In terms of [[socialization]], punishment is seen in the context of broken laws and [[taboo]]s. [[Sociology|Sociologist]]s such as [[Emile Durkheim]] have suggested that without punishment, society would devolve into a state of lawlessness, ''[[anomie]].'' The very function of the [[penal system]] is to inspire law-abiding citizens, not lawlessness. In this way, punishment reinforces the standards of acceptable behavior for socialized people.<ref> Emile Durkheim (1895) ''On the Normality of Crime.''</ref>
  
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==Scope of application==
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==History==
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The person who undergoes punishment may, depending on the context, be called punishee, client (as in psychology), or, more from the viewpoint of the discipliner, offender, culprit, bottom in BDSM etc.
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[[Image:Prisoners whipped.jpg |thumb|left|200 px|Two prisoners in pillory with another tied to whipping post below and man with whip in prison in Delaware]]
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*Most often, [[criminal]]s are punished judicially, by [[fine]]s, [[corporal punishment]] or [[custodial sentence]]s such as [[prison]]; detainees risk further punishments for breaches of internal rules.  
 
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*[[Children]], pupils and other trainees are also punished by their educators or instructors (mainly [[parent]]s, [[legal guardian|guardian]]s, or [[teacher]]s, tutors and [[coach (sport)|coach]]es). The same used to apply to wives and unmarried daughters as they were not legally emancipated from 'paternal' (or succeeding marital) discipline. 
 
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*Slaves, domestic and other servants used to be punishable by their masters; in fact, even modern employees can still be subject to a contractual form of fine or demotion.
 
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*Most hierarchical organizations, such as military and police forces, or even churches, still apply quite rigid internal discipline, even with a judicial system of their own (court martial, canonical courts). 
 
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* Punishment may also be applied on moral, especially religious, grounds, as in [[penance]] (which is voluntary) or imposed in a theocracy with a religious police (as in a strict Islamic state like Iran or under the [[Taliban]]) or (though not a true theocracy) by [[Inquisition]]. 
 
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*In a wider sense, often termed [[penalty]], punishments can be incurred for infringing the rules of a game, as in sports, hazing (e.g., in [[paddle game]]s) etcetera. These include:
 
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**Being sent off or sent to the bench ("sin bin"—time in sin-bin varies from game to game: 45 seconds in water polo, 2–10 minutes in ice hockey, 10 minutes in rugby, etc.), or even barred from playing for the whole match or even longer (as with red cards in soccer)
 
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**Collective punishments, which don't only effect the offender but the whole team, such as penalty points, a shot at the goal for the opponent side, not being allowed to replace a player send to the bench.
 
  
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==History and rationale==
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The progress of [[civilization]] has resulted in a vast change in both the theory and in the method of punishment. In [[primitive society]] punishment was left to the individuals wronged, or their [[family|families]], and was vindictive or retributive: in quantity and quality it would bear no special relation to the character or gravity of the offense. Gradually there arose the idea of proportionate punishment, of which the characteristic type is the ''[[lex talionis]]''—"an eye for an eye."
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The progress of civilization has resulted in a vast change alike in the theory and in the method of punishment. In primitive society punishment was left to the individuals wronged or their families, and was vindictive or retributive: in quantity and quality it would bear no special relation to the character or gravity of the offence.  
 
  
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Gradually there would arise the idea of proportionate punishment, of which the characteristic type is [[an eye for an eye]]. The second stage was punishment by individuals under the control of the state, or community; in the third stage, with the growth of law, the state took over the primitive function and provided itself with the machinery of justice for the maintenance of public order. Henceforward crimes are against the state, and the exaction of punishment by the wronged individual is illegal (compare [[Lynch Law]]). Even at this stage the vindictive or retributive character of punishment remains, but gradually, and specially after the humanist movement under thinkers like [[Cesare, Marquis of Beccaria|Beccaria]] and [[Jeremy Bentham]], new theories begin to emerge. Two chief trains of thought have combined in the condemnation of primitive theory and practice. On the one hand the retributive principle itself has been very largely superseded by the protective and the reformative; on the other punishments involving bodily pain have become objectionable to the general sense of society. Consequently corporal and even capital punishment occupy a far less prominent position, and tend everywhere to disappear. It began to be recognized also that stereotyped punishments, such as belong to penal codes, fail to take due account of the particular condition of an offence and the character and circumstances of the offender. A fixed fine, for example, operates very unequally on rich and poor.
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The second stage was punishment by individuals under the control of the [[state]], or [[community]]. In the third stage, with the growth of [[law]], the state took over the punitive function and provided itself with the machinery of justice for the maintenance of public order.<ref>Otto Kircheimer, and George Rusche. 2003. ''Punishment and Social Structure.'' (Transaction Publishers. ISBN 978-0765809216) </ref> Henceforward crimes were against the state, and the exaction of punishment by the wronged individual (such as [[lynching]]) became illegal. Even at this stage the vindictive or retributive character of punishment remained, but gradually, and especially after the humanist thinkers [[Cesare Beccaria]] and [[Jeremy Bentham]], new theories begin to emerge.
  
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Modern theories date from the 18th century, when the humanitarian movement began to teach the dignity of the individual and to emphasize his rationality and responsibility. The result was the reduction of punishment both in quantity and in severity, the improvement of the prison system, and the first attempts to study the psychology of crime and to distinguish between classes of criminals with a view to their improvement (see [[criminology]], [[crime]], [[juvenile delinquency]]).
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Two chief trains of thought have combined in the condemnation of primitive theory and practice. On the one hand the retributive principle itself has been very largely superseded by the protective and the reformative approach. On the other, punishments involving bodily pain have become objectionable to the general sensibility of society. Consequently, [[corporal punishment|corporal]] and [[capital punishment]] occupy a far less prominent position in societies. It began to be recognized also that [[stereotype]]d punishments, such as ones that belong to penal codes, fail to take due account of the particular condition of an offense and the [[character]] and circumstances of the offender. A fixed fine, for example, operates very unequally on rich and poor.
  
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These latter problems are the province of criminal anthropology and criminal sociology, sciences so called because they view crime as the outcome of anthropological viz. social conditions. The law breaker is himself a product of social evolution and cannot be regarded as solely responsible for his disposition to transgress. Habitual crime is thus to be treated as a disease. Punishment can, therefore, be justified only in so far as it either protects society by removing temporarily or permanently one who has injured it, or acting as a deterrent, or aims at the moral regeneration of the criminal. Thus the retributive theory of punishment with its criterion of justice as an end in itself gives place to a theory which regards punishment solely as a means to an end, utilitarian or moral, according as the common advantage or the good of the criminal is sought.
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Modern theories date from the eighteenth century, when the humanitarian movement began to teach the dignity of the individual and to emphasize [[rationality]] and responsibility. The result was the reduction of punishment both in quantity and in severity, the improvement of the [[prison]] system, and the first attempts to study the [[psychology]] of crime and to distinguish between classes of criminals with a view to their improvement.<ref> Markus Dubber, The Right to be Punished: Autonomy and Its Demise in Modern Penal Thought. ''Law and History Review.'' (University of Illinois, 1998). </ref>
  
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[[Michel Foucault]] describes in detail the evolution of punishment from [[hanging, drawing and quartering]] of medieval times to the modern systems of [[fine]]s and [[prison]]s. He sees a trend in criminal punishment from [[vengeance]] by the King to a more practical, utilitarian concern for [[deterrence]] and [[Penology|rehabilitation]].
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These latter problems are the province of criminal [[anthropology]] and criminal [[sociology]], sciences so called because they view [[crime]] as the outcome of anthropological or social conditions. The law breaker is himself a product of social evolution and cannot be regarded as solely responsible for his disposition to transgress. Habitual crime is thus to be treated as a [[disease]]. Punishment, therefore, cab be justified only in so far as it either protects society by removing temporarily or permanently one who has injured it or acting as a deterrent, or when it aims at the moral regeneration of the criminal. Thus the retributive theory of punishment with its criterion of [[justice]] as an end in itself gave place to a theory which regards punishment solely as a means to an end, utilitarian or moral, depending on whether the common advantage or the good of the criminal is sought.<ref> David Garland. ''Punishment and Modern Society.'' (University of Chicago Press, 1993. ISBN 978-0226283821) </ref>
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A particularly harsh punishment is sometimes said to be [[wikt:draconian|draconian]], after [[Draco (lawgiver)|Draco]], the lawgiver of the classical polis of Athens. But as the adjective Spartan still testifies, its wholly militarized rival Sparta was the harshest a state of law can be on its own citizens, e.g. [[crypteia]] (including flogging for being caught when stealing as ordered).
 
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In [[operant conditioning]], punishment is the presentation of a stimulus contingent on a response which results in a decrease in response strength (as evidenced by a decrease in the frequency of response). The effectiveness of punishment in suppressing the response depends on many factors, including the intensity of the stimulus and the consistency with which the stimulus is presented when the response occurs. In parenting, additional factors that increase the effectiveness of punishment include a verbal explanation of the reason for the punishment and a good relationship between the parent and the child.
 
  
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== Types of punishments ==
  
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[[Image:Cat_o'_nine.JPG|thumb|250 px|A leather cat o' nine tails]]
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== Types of punishments ==
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There are different types of punishments for different crimes. Age also plays a determinant on the type of punishment that will be used. For many instances, punishment is dependent upon context.
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Punishment can be divided into Positive punishment (the application of an aversive stimulus, such as pain) and Negative punishment (the removal or denial of a desired object, condition, or aversive stimulus).
 
 
   
 
   
 
===Criminal punishment===  
 
===Criminal punishment===  
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[[Image:Starved Vietnamese man, 1966.JPEG|thumb|200px|right|Defector from the [[Viet Cong]] who was sent to a prison camp and deliberately starved.]]
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Convicted criminals are punished according to the judgment of the court. Penalties may be physical or socieconomic in nature.
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*Socio-economical punishments:
 
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:* [[fine]]s or loss of income
 
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:* [[confiscation]]
 
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:* demotion, suspension or expulsion (especially in a strict hierarchy, such as military or clergy)
 
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:* restriction or loss of civic and other rights
 
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:* [[community service]]
 
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* [[Physical punishment|Corporal punishment]].  Legality of these types of punishment varies from country to country. However it can be defined more widely:
 
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:*[[Flagellation|Whipping]] or [[caning]] with various implements and on various body parts
 
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:* Marking via [[Human_branding#As_punishment|branding]] or mutilations such as [[amputation]].
 
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:*[[Capital punishment]], also known as the death penalty, the most extreme form of punishment, sometimes used in countries where beating is seen as inhumane.  See [[use of death penalty worldwide]]. Methods of capital punishment include [[crucifixion]], [[hanging]], the [[firing squad]], [[burning at the stake]], [[lethal injection]], [[gas chamber]]s, and [[starvation]], among others.
 
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:*Uncomfortable positions, such as in too confined spaces or being tied down long in an unnatural position that puts muscles under increasingly painful stress
 
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:* [[Custodial sentence]]s include [[prison|imprisonment]] and other forms of forced detention (e.g., involuntary institutional psychiatry) and [[hard labor]] are in fact also physical punishments, even if no actual beatings are in force internally; note that [[Behaviorism|behavioral psychologists]] do not consider prison a sound punishment because most criminals are repeat offenders, thus, their behavior has not changed. If the behavior does not change then any stimulus that was presented is not punishment just aversive.
 
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:*Forms of deprivation of sleep, food etcetera, though these are often unofficial or accessory
 
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:*Excessive physical efforts such as prolonged [[calisthenics]]
 
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:* [[Banishment]] or [[restraining order]]
 
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:* clinical castration for sexual assault is being tried in a few countries but may lead to charges of [[eugenics]], since the individual is rendered infertile as a result
 
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*[[Public humiliation]] often combines social elements with corporal punishment, and indeed often punishments from two or more categories are combined (especially when these are meant reinforce each-other's effect) as in the logic of [[penal harm]].
 
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*In the past, people in some parts of the Western world were punished by being put in the [[stocks]], or by being [[Cucking stool|ducked in water]].
 
  
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===For children ===
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Physical punishment is usually an action that hurts a person's physical body; it can include whipping or caning, marking or branding, mutilation, [[capital punishment]], [[prison|imprisonment]], deprivation of physical drives, and public humiliation.
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Examples of punishments imposed by educators (parents, guardians or teachers etc.; traditions differ greatly in time, place and cultural sphere; some are considered illegal [[abuse]] in certain countries) include:
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[[Image:Thomas Bankes, A New System of Geography - A culprit exposed to public resentment in the pillory at Switzerland.JPG|thumb|right|250 px|A culprit exposed to public resentment in the pillory at Switzerland by Thomas Bankes (ca. 1788-1790)]]
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* [[Physical punishment|Corporal punishment]] as above:
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Socioeconomic punishment affects a person economically, occupationally, or financially, but not physically. It includes [[fine]]s, [[confiscation]], [[demotion]], suspension, or expulsion, loss of civic rights, and required hours of [[community service]]. Socioeconomic punishment relies on the assumption that the person's integration into society is valued; as someone who is well-socialized will be severely penalized and socially embarrassed by this particular action.
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** Mainly [[spanking]] in various modes (banned in some countries, in others even prescribed by law);
 
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** Uncomfortable and/or humiliating positions
 
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* Mild forms of custodial sentences
 
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**[[Child time-out|Time-outs]] such as corner-time or even locking up in a dark place 
 
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**[[Detention (Academia)|detention]], often combined with tasks like studying, extra homework etc.
 
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**[[Grounding (punishment)|grounding]] in general or specific refusal of permission to participate in some fun activity or to see a friend (usually seen as a bad influence)
 
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* Temporary (or permanent) removal of [[privilege]]s, rights, or choices, such as lack of desserts or toys
 
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* Compulsory activity such as extra [[household chore|chores]]
 
  
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Even the above have come under criticism in recent times. Arguments against non-violent modification of behavior include the issue of [[ethics]], and whether one's will should be forced on children. [[Non-violent child discipline|Positive parenting]] and [[Taking Children Seriously]] are non-punitive alternatives to modifying behavior.
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Especially if a precise punishment is imposed by regulations or specified in a formal sentence, often one or more official witnesses are prescribed, or somehow specified (such as from the faculty in a school or military officers) to see to the correct execution. A party grieved by the punished may be allowed the satisfaction of witnessing the humbled state of exposure and agony. The presence of peers, such as classmates, or an even more public venue such as a pillory on a square—in modern times even press coverage—may serve two purposes: increasing the humiliation of the punished and serving as an example to the audience.
  
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===Punishment for children ===
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[[Image:Skamvrån av Carl Larsson 1894.jpg|thumb|left|250 px|''In the Punishment Corner'' by [[Carl Larsson]] (1853-1919)]]
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Children's punishments usually differ from punishments for adults. This is mainly because children are young and immature; therefore have not had the experiences that adults have had, and are thought to be less-knowledgeable about legal issues and law. Children who commit crimes are, therefore, sent to juvenile detention centers rather than adult prisons.
  
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Punishments can be imposed by educators, which include expulsion from school, suspension from the school, detention after school for additional study, or loss of certain school privileges or freedoms. [[Corporal punishment]], while common in most cultures in the past, has become unacceptable in many modern societies. Parents may punish a child through different ways, including spankings, custodial sentences (such as chores), a "time-out" which restricts a child from doing what he or she wants to do, grounding, and removal of privileges or choices. In [[parenting]], additional factors that increase the effectiveness of punishment include a verbal explanation of the reason for the punishment and a good relationship between the parent and the child.<ref>W. Huitt, and J. Hummel. 1997. [http://chiron.valdosta.edu/whuitt/col/behsys/operant.html ''An Introduction to Operant (Instrumental) Conditioning.''] Valdosta State University Press. Retrieved July 17, 2007. </ref>
  
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While it is possible to classify corporal punishments by the categories of its scope of application (e.g. educational including parental and school discipline, other domestic, judicial etc.), i.e. by who can punish who and why, see above- this section elaborates the various ways to perform the physical torment.
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== Reasons ==
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[[Image:Starved Vietnamese man, 1966.JPEG|thumb|180px|right|Defector from the [[Viet Cong]] who was sent to a prison camp and deliberately starved.]]
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There are many possible reasons that might be given to justify or explain why someone ought to be punished; here follows a broad outline of typical, possibly contradictory justifications.
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==== Deterrence ====
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[[Deterrence (legal)|Deterrence]] means dissuading someone from future wrongdoing, by making the punishment severe enough that the benefit gained from the offense is outweighed by the cost (and probability) of the punishment.
  
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====Anatomical target====
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Deterrence is a common reason given for why someone should be punished. It is believed that punishment, especially when made known to—or witnessed by—the punished person's peers, can deter them from committing similar offenses, and thus serves a greater preventative good. However, it may be argued that using punishment as a deterrent has the fundamental flaw that human nature tends to ignore the possibility of punishment until they are caught, and actually can be attracted even more to the 'forbidden fruit', or even for various reasons glorify the punished, such as admiring a fellow for 'taking it like a man'. Furthermore, especially with children, feelings of bitterness and resentment can be aroused towards the punisher (parent) who threaten a child with punishment.
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A crucial, inevitable choice is which part of the body is to suffer the painful treatment; sometimes a combination of several targets is chosen, so as to maximize the longer-lasting discomfort.
 
  
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Several considerations can be taken into account, mainly :
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Punishment may also be used as part of the treatment for individuals with certain [[mental disorder|mental]] or developmental disorders, such as [[autism]], to deter or at least reduce the occurrence of behaviors that can be injurious (such as head banging or self-mutilation), dangerous (such as biting others), or socially stigmatizing (such as stereotypical repetition of phrases or noises). In this case, each time the undesired behavior occurs, punishment is applied to reduce future instances. Generally the use of punishment in these situations is considered ethically acceptable if the corrected behavior is a significant threat to the individual and/or to others.
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* how painful is it
 
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* how humiliating (especially if bared)
 
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* how safe (except for deliberate mutilation -such as amputation and branding- or execution, grave permanent damage must be avoided) if badly hit and, even in more moderate cases, how incapacitating (unless the punishee is already under custodial sentence other than [[hard labor]], physically disabling the victim to work is rather contraproductive instead of coercing better -obedient, productive- conduct).
 
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* In addition, for instant discipline on the spot the preference tends to go to what can be hit immediately, especially if already bare (possibly so ordered or arranged) or scarcely protected by clothing, so often head and hands, or bare torso; secondly what can be bared with a simple gesture (lifting a dress or pulling down (under)garments, before proceeding with a spanking, paddling, etc.  
 
  
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Different parts of the anatomy represent different considerations for punishment:
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==== Education ====
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* The [[buttock]]s are often targeted for punishment, indeed some languages have a specific word for their chastisement (in English, [[spanking]], ''fessée'' in French, ''nalgada'' in Spanish (both Romanesque words directly derived from the word for buttock)- this is a logical choice for these rather large, fleshy body parts are sensitive without endangering any bodily functions, heal well and relatively fast and have an intimate connotation that implies intense humiliation, often increased as baring them often also exposes the genitals—care must be taken not to hit these accidentally, so protective padding may be used (also for the kidneys) with dangerous implements, even if the spankee is otherwise stark naked
 
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* although lower parts of the back of the legs, notably thighs and calves, are reportedly about as sensitive and no more incapacitating, making them a logical alternative in cultures where a bare bottom is too indecent, they are rarely targeted
 
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* the back and the shoulders are the second most common choice; as long as the spine (paralysis possible) and excessive abuse of the kidneys (irreparable) is avoided, great pain is possible with limited incapacitation and humiliation,  suitable for an adult 'honor corps' as often in the military
 
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* the abdomen and the ribs are again rather dangerous for 'accidental' damage, and hence not a common target
 
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* except for deliberate mutilation, the genitalia are rarely targeted, though very sensitive and the most humiliating, for the damage is to hard to control (except with sophisticated modern methods such as electrodes)
 
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* joints (such as knees) are an even more illogical, indeed rather rare choice: no humiliation, grave risk of incapacitation and even permanent damage
 
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* the head is also a dangerous choice, but more popular, especially the cheeks  (relatively safe; indeed the same word is used for the bottom: butt-cheeks) and boxing the ears (hearing disability tends to manifest itself years later, so it's often ignored)
 
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* the hand of primates is perhaps evolution's finest product in terms of multifunctionality and precision (hence the notion 'dexterity'), requiring a sophisticated sense of touch; it is quite sensitive and not humiliating, while great force, especially with a hard implement, could cause excessive damage, so usually only the (most fleshy) palm is hit rather than the knuckles, and even then incapacitation (for manual labor and writing as in class) is generally a drawback
 
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* the soles of the feet are extremely sensitive, in se not humiliating, but quite incapacitating for a long time, while full recovery is possible even after an excruciating dose- see [[falaka]]
 
  
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Still other methods are aimed at the interior, such as non-lethal intoxication, [[forced-feeding]]; at the muscles (difficult positions, exercices); or at the whole body, as with hunger, thirst, exhaustion.
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Punishment demonstrates to the population which social [[norm]]s are acceptable and which is not. People learn, through watching, reading about, and listening to different situations where people have broken the law and received a punishment, what they are able to do in society. Punishment teaches people what rights they have in their society and what behaviors are acceptable, and which actions will bring them punishment. This kind of education is important for [[socialization]], as it helps people become functional members of the society in which they reside.
  
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====Set and props====
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==== Honoring values ====
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Except for 'daily' light punishment, physical discipline is often ritualized, even staged in a rather theatrical fashion.
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Punishment can be seen to honor the values codified in law. In this view, the value of human life is seen to be honored by the punishment of a murderer. Proponents of [[capital punishment]] have been known to base their position on this concept. Retributive justice is, in this view, a moral mandate that societies must guarantee and act upon. If wrongdoing goes unpunished, individual citizens may become demoralized, ultimately undermining the moral fabric of the society.
  
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As the great variety of practices, even in similar jurisdictions, suggests, tradition and the taste of the punishing parties in place often carry at least as much weight as objective practical considerations, especially if one considers there seems to have been relatively little effort to obtain functional knowledge from systematic comparative research.
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==== Incapacitation ====
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Imprisonment has the effect of confining prisoners, physically preventing them from committing crimes against those outside, thus protecting the community. The most dangerous criminals may be sentenced to [[life imprisonment]], or even to irreparable alternatives &mdash; the [[death penalty]], or [[castration]] of sexual offenders &mdash; for this reason of the common good.
  
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=====Site & Location=====
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==== Rehabilitation ====
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While light and informal punishment is often administered on the spot, for serious discipline and in an institutional context there are often rules, either laid down as such or deriving from written rules (e.g. if a juvenile is to receive his lashing from the police, he is logically brought there for punishment).
+
Punishment may be designed to reform and [[Rehabilitation (penology)|rehabilitate]] the wrongdoer so that they will not commit the offense again. This is distinguished from deterrence, in that the goal here is to change the offender's attitude to what they have done, and make them come to accept that their behavior was wrong.
  
−
=====Apparatus=====
+
==== Restoration ====
−
Contraptions the punishee is to be over, on and/or fixed to do not only have a practical function (which is their origin) during punishment but can also be left in place as a permanent, dissuasive display of the authority to inflict painful punishment, to deter disobedience that may cause the observing 'jurisdictional subject' to end up there for a lashing. See further under [[spanking]], also for related positioning.
+
−
* [[Falaka]]
+
For minor offenses, punishment may take the form of the offender "righting the wrong." For example, a vandal might be made to clean up the mess he made. In more serious cases, punishment in the form of fines and compensation payments may also be considered a sort of "restoration." Some [[libertarianism|libertarians]] argue that full restoration or restitution on an [[individualistic]] basis is all that is ever [[just]], and that this is compatible with both retributive justice and a [[utilitarian]] degree of deterrence.<ref>C. J. Lester, 2005. [http://www.la-articles.org.uk/libertarian_restitution.htm A Plague on Both Your Statist Houses: Why Libertarian Restitution Beats State Retribution and State Leniency] ''Libertarian Alliance 2005''. Retrieved July 17, 2007. </ref>
−
* frame
 
−
* punishment horse
 
−
* trestle
 
  
−
=====Punitive implements=====
+
==== Revenge and retribution ====
−
A variety of implements are used for physical punishment. The terms used to describe these are not fixed, varying by country and by context. There are, however, a number of common types which are frequently encountered when reading about corporal punishment. These include the following - link through for more detailed information an each, the labels here are :
+
[[Retributive justice|Retribution]] is the practice of "getting even" with a wrongdoer &mdash; the suffering of the wrongdoer is seen as good in itself, even if it has no other benefits. One reason for [[society|societies]] to include this judicial element is to diminish the perceived need for street justice, [[blood revenge]] and [[vigilante|vigilantism]]. However, some argue that this does not remove such acts of street justice and blood revenge from society, but that the responsibility for carrying them out is merely transferred to the state.
  
−
* [[Switch (rod)|Rod]]s, varying in size and flexibility.
+
Retribution sets an important standard on punishment &mdash; the transgressor must get what he deserves, but no more. Therefore, a [[theft|thief]] put to death is not retribution; a [[murder]]er put to death is. An important reason for punishment is not only deterrence, but also satisfying the unresolved resentment of victims and their families. One great difficulty of this approach is that of judging exactly what it is that the transgressor "deserves." For instance, it may be retribution to put a thief to death if he steals a family's only means of livelihood; conversely, mitigating circumstances may lead to the conclusion that the execution of a murderer is not retribution.
−
**A thin, flexible rod is often called a [[switch (rod)|switch]].
+
   
−
** The [[Birching|Birch]], a number of strong, flexible branches, bound together in their natural state.
+
A specific way to elaborate this concept in the very punishment is the ''[[mirror punishment]]'' (the more literal applications of "an eye for an eye"), a penal form of 'poetic justice' which reflects the nature or means of the crime in the means of (mainly corporal) punishment.<ref>H. J. McCloskey. 1962. The Complexity of the Concepts of Punishment ''Philosophy.'' University of Melbourne. </ref>
−
**Caning with [[canes]] of various types, most notably durable species of rottan, known at the [[rattan]], or similar non-flat solid implements in on piece, e.g. (hickory) stick; even heavier cudgels.
 
−
* The [[Paddle (spanking)|Paddle]], a flat wooden or leather pad with a handle, sometimes holed, is still commonly used for corporal punishment in the USA.
 
−
* For [[flogging]], various flexible implements are used, mostly in leather (modifications such as knots, holes or hard -e.g. metal, bone- objects fixed on them render he 'bite' considerably harder), including:
 
−
**[[Strap]]s of various types including (razor) [[strop]].
 
−
** not to be confused with the lighter [[belting|belt]] (thinner, suppler) which is often doubled, yet in [[Scotland]] and northern England, the term belt is also a euphemism for the [[tawse]], a strap split into a number of tails at one end.
 
−
**[[whip|Whips]] are common in judicial punishment and prison discipline, with varieties including [[crop (implement)|crops]], the famous Russian [[knout]] and South African [[sjambok]]
 
−
** multi-thong equivalents include the [[scourge]] and [[martinet]] in leather; while rope is the most common material for a [[flogger]] and the [[cat o' nine tails]] (mainly used in naval discipline, for army and judicial including prison flogging a leather version was common; there were also milder forms and variants).
 
−
* axe, knife, sword and other blanc weapons or even the surgical scalpel etc are generally used for punishments named otherwise than by the instrument, rather by the damage down by cutting bodyparts, as in [[flaying]], [[castration]] or (indetermined) [[amputation]] 
 
−
* a hot iron is used for [[branding persons|branding]] (alternatively a tattoo-like technique) and other burn wounds
 
−
 
 
−
However, it is frequent for informal -mainly non-institutional- corporal punishment to be administered with whatever object comes to hand. It is common, for instance, wooden [[spoon]]s, slippers or [[hairbrush]] (wooden or ebony backside) or bath brush to be used in domestic punishment, whilst rulers and other classroom equipment have been used in schools, as well as some items adopted from domestic practice, such as [[slippering]] (unlike booting not on the foot but wielded by hand, rather like a paddle).
 
−
 
 
−
In [[BDSM]], the term [[pervertible]] is used for various objects than can be used as punitive implements.
 
−
 
 
−
=====Other=====
 
−
*chemicals, such as poison, biting acid
 
−
*
 
−
 
 
−
====Dramatis personae====
 
−
While a summary punishment can routinely be performed with only two participants, e.g. an educator putting a naughty child over his lap and spanking its bottom while scolding its misdeeds, there is often, especially with a more severe punishment and/or in an institutional context, a more elaborate and formalistic procedure which can involve a small host of cast members, most of whom can make a difference to what exactly will happen and how
 
−
 
 
−
=====On the punishing side=====
 
−
* It all starts with the authority to punish : for judicial punishment, this is normally the legislator, who defines the rules, at least in principle, as to which inacceptable actions are to be met with painful punishment, and who can apply them; the rules can be extremely precise, or at least aim to be, in determining a concordance between crime and punishment, or leave considerable margin; sometimes a specific case is dealt with at this very level, as for a political crime; in other spheres, often within general rules laid down by the actual legislator, the rules can be made by the school board, the master of the slaves/household, etcetera. However in real life minor punishments are often left to the ad hoc discretion of the discipliner, even where severe punishments have to be met with formal procedure- e.g.   
 
−
* Next there is the role of the judge, who determines for each punishable deed whether the conditions for application are met and fixes the fitting punishment; this judgment can go into more details, usually including (possibly simply repeating the specifications in the rules, sometimes modifying those) the anatomical target, the implement, the number of strokes, and whether the victim will be bared; in the non-judicial spheres, this can be for example the teacher in class or the headmaster, dean of discipline etcetera (often only for graver offenses), an overseer, any officer or subaltern, etcetera
 
−
* Finally there is the actual punishment officer(s) charged with the physical execution; while in private spheres this is often the same as the 'judge', judicial sentences are generally ordered to be carried out by a third party  specified by the law or in the judgment (otherwise it lay be impicite custom), usually the police, (para)military, prison staff, even a [[bailiff]], or a professional [[executioner]]; imprecise judgments may leave considerable discretion to this level, e.g. determining with which implement to administer a punishment merely expressed in an ambivalent wording such as 'lashes', leaving a choice from the customary arsenal of implements, definitely affecting the gravity of the beating. Occasionally two or more officers (e.g. [[bosun's mate]]s wielding the cat o' nine tails) take turns in administering a considerable number of lashes, so as to be 'fresh' enough to hit hard; a subtle ploy is including a left-handed one, so as the assure the stripes will frequently crisscross, which cuts even deeper
 
−
* Sometimes an element of revenge is build in by allowing a party grieved by the punishee the satisfaction (even greater when naked and/or over the lap) of administering all or part of the sentence, or is even built in at corps spirit level, as described in the article [[fustuarium]]
 
−
* Alternatively a prisoner may be charged, as a [[trustee]], with administering punishment to other convicts, as was commonly the case in imperial Russia's judicial [[knout]] floggings.
 
−
* Sometimes the choice of a specific administrator is guided by the punishee's expected perception:
 
−
* Some may only play a subsidiary role, such as to fetch implements, to tie down the victim, to grip him down (say one per limb; hence called ''holder-down''- as these get a very close view, or even divest, the humiliation factor is thus enhanced in case of punishment in the bare) or even to be used physically to horse him on
 
−
* Occasionally several punishees are even made to use the same implement on each-other; as in [[trading licks]], or even because the punishment officer would get to tired during a mass beating
 
−
 
 
−
=====The victim of the punishment=====
 
−
The punished party is often described by terms referring to his legal or other punishable status, e.g. convict, prisoner, culprit, miscreant, offender, or to the type of punishment imposed, e.g. spankee, whippee.
 
−
*While he is the center of attention, as a rule little or no choice is given to him (or if so it's often meant to be tantalizing, neither option being preferable, e.g. a graver implement or more cuts), and his submission is coerced, e.g. extra swats for not maintaining the imposed (exposed) position or on the hands if they move in a reflex to the agonizing posterior.
 
−
* Furthermore in some cases punishees are even forced -a rather sadistic ploy- to some cooperation, such as sailors having to prepare a [[cat o' nine tails]] for use on their own back; children sent to cut a switch or rod (possibly in advance, e.g., once a year as a reminder of being subject to it) for use on their own bottoms, again under threat of extra cuts; or less dramatically children or pledges fetching (or in the latter case even supplying) the cane or paddle for their own chastisement
 
−
 
 
−
=====Medical officer(s)=====
 
−
* often it is prescribed by law, sentence or custom that a medically qualified person must examine the condemned (in the judicial sphere, not in the domestic model) to estimate whether his condition (e.g. cardiological) requires the beating to be postponed, mitigated or even abandoned, though generally this is a formality
 
−
* usually the same stays to observe the execution of the sentence, in principle to intervene if the victim is in excessive (especially mortal) danger, but again this rarely results in cessation (some die nevertheless), or he even limits himself to bringing the convict back to conscience
 
−
* after the wounds have been inflicted, especially with an instrument reputed for its damaging bite, such as the judicial cane or cat o'nine tails, either the same as above or -especially if there was none yet- another, such as prison infirmary staff, generally examines the wounds, which may urgently require medical care such as disinfecting and dressing
 
−
 
 
−
=====Passive witnesses=====
 
−
*Especially if a precise punishment is imposed by regulations or specified in a formal sentence, often one or more official witnesses are prescribed, or somehow specified (e.g. from the faculty in a school, court -, police - or military officers) to see to the correct execution. Although this is often motivated as a guarantee against excess and for fair application, many victims rather perceive them as further embarrassment.
 
−
* a party grieved by the punishee may be allowed the satisfaction of witnessing the humbled state of exposure and agony
 
−
* the presence of peers, such as class mates, or an even more public venue such as a pillory on a square, in modern times even press presence, may serve two purposes: increasing the humilitation of the punishee and serving as an example to the audience
 
−
* arrangements for peers subjects to the same punishment, or in line to suffer it soon, to hear the agony or see the beaten punishee frog-marched afterwards or even under the shower may be designed to terrify them
 
  
−
====Other parameters of severity====
+
== Religious views on punishment ==
−
* Firstly there is the dosing: how many strokes? This is of course easy to prescribe, so the choice is clearly attributed.
 
−
* An objective flaw in the system is that only mechanical administration (not practiced for beatings, as opposed to say the guillotine in capital punishment) would make the dosage an objective measure of the force applied, allowing a realistic estimation of the corporal damage it inflicts; even then, the actual level of induced pain can only be guessed as it depends on the individually varied threshold of sensitivity, even if allowances are made for such factors as age/size, but a discipliner who repeatedly punishes the same person(s) (such as an educator) may get a reasonable feel for it, raising the dilemma if justice is best served by equal punishment for equal crimes or by equal suffering
 
−
* Various subtle modes of application also influence the efficiency of a stroke, e.g. British policemen wielding the birch learned it hurts even more if a move of the hand makes it slide along (like a claw) just when it reaches the bare skin
 
−
[[Image:Gilecory.jpg|thumb|[[Giles Cory]] was pressed to death during the [[Salem Witch Trials]] in the 1690s as he didn't plead]]
 
−
* Some punishments have an in-built vagueness of severity, even an interative character, e.g. [[crushing]] as coercitive torture to force an accused to enter a plea would become an execution by his/her 'obstinacy' till asphixiation occurs.
 
−
 
 
−
====Procedure====
 
−
For further details on positions and sequence of actions, see under [[Spanking#What and how|spanking]] : most is identical or derives logically from what is said there
 
−
 
 
−
===Other===
 
−
* [[penance]]
 
−
* [[psychological punishment]]s
 
−
* [[reinforcement]]
 
−
 
 
−
==Possible reasons for punishment ==
 
−
 
 
−
 
 
−
There are many possible reasons that might be given to justify or explain why someone ought to be punished; here follows a broad outline of typical, possibly contradictory justifications.
 
−
 
−
==== Deterrence ====
 
−
[[Deterrence (legal)|Deterrence]] means dissuading someone from future wrongdoing, by making the punishment severe enough that the benefit gained from the offense is outweighed by the cost (and probability) of the punishment.
 
  
−
Deterrence is a very common reason given for why someone should be punished. It is often believed that punishment, especially if made known to or even witnessed be the punishee's peers, can also deter them from committing similarly punishable offences, and thus serves a greater good preventively.
+
Punishment may be applied on moral, especially religious, grounds as in [[penance]] (which is voluntary) or imposed in a [[theocracy]] with a religious police (as in a strict [[Islam]]ic state like [[Iran]] or under the [[Taliban]]). In a theistic tradition, a government issuing punishments is working with [[God]] to uphold religious law. Punishment is also meant to allow the criminal to forgive himself/herself. When people are able to forgive themselves for a crime, God can forgive them as well. In religions that include [[karma]] in justice, such as those in the [[Hinduism|Hindu]] and [[Buddhism|Buddhist]] traditions, punishment is seen as a balance to the [[evil]] committed, and to define [[good]] and evil for the people to follow. When evil is punished, it inspires people to be good, and reduces the amount of evil karma for future generations.<ref> ''World Scriptures.'' ''www.euro-tongil.org''. </ref>
−
 
−
However, it is sometimes claimed that using punishment as a deterrent has the fundamental flaw that human nature tends to ignore the possibility of punishment until they are caught, and actually can be attracted even more to the 'forbidden fruit', or even for various reasons glorify the punishee, e.g. admiring a fellow for 'taking it like a man'. Furthermore, especially with children and depending on the issue, feelings of bitterness and resentment can arouse towards the punisher (parent) who threaten a child with punishment as it doesn't feel respected.
 
  
−
Punishment is also used to deter animals from undesired behavior, such as urinating indoors or clawing furniture. It must be applied as soon as possible when the animal 'misbehaves', ideally interrupting or preventing it from occurring. In example, if a cat approaches a chair leg and rears up to scratch it, squirting it with water would punish the behavior, making it less likely in the future.
+
Many religions have teachings and philosophies dealing with punishment. In [[Confucianism]] it is stated that "Heaven, in its wish to regulate the people, allows us for a day to make use of punishments" (''Book of History'' 5.27.4, Marquis of Lu on Punishments). Hinduism regards punishment as an essential part of government of the people: "Punishment alone governs all created beings, punishment alone protects them, punishment watches over them while they sleep; the wise declare punishment to be the law. If punishment is properly inflicted after due consideration, it makes all people happy; but inflicted without consideration, it destroys everything" (''Laws of Manu'' 7.18-20) and "A thief shall, running, approach the king, with flying hair, confessing that theft, saying, 'Thus I have done, punish me.' Whether he is punished or pardoned [after confessing], the thief is freed from the guilt of theft; but the king, if he punishes not, takes upon himself the guilt of the thief" (''Laws of Manu'' 8.314, 316).  
  
−
Punishment is also used occasionally within the treatment for individuals with certain mental or developmental disorders, such as [[autism]], to deter or at least reduce the occurrence of behavior which can be injurious (such as head banging or self-mutilation), dangerous (such as biting others) or socially stigmatizing (such as stereotypical repetition of phrases or noises). In this case, each time the undesired behavior occurs, punishment is applied to reduce future instances. Generally the use of punishment in these situations is considered ethically acceptable if the corrected behavior is a significant threat to the individual and/or to others.
+
The guidelines for the [[Abrahamic religion]]s come mainly from the [[Ten Commandments]] and the detailed descriptions in the [[Old Testament]] of penalties to be exacted for those violating rules. It is also noted that "He who renders true judgments is a co-worker with God" (Exodus 18.13).  
  
−
Arguably deterrence, regardles of effectiveness and justification, does not qualify as punishment when the punishee (child, animal or mental patient) was not sufficiently aware that its act would be considered punishable misbehavior and hence did not make a 'guilty' choice.
+
However, [[Judaism]] handles punishment and misdeeds differently from other religions. If a wrongdoer commits a misdeed and apologizes to the person he or she offended, that person is required to forgive him or her. Similarly, God may forgive following apology for wrongdoing. Thus, [[Yom Kippur]] is the Jewish Day of [[Atonement]], on which those of the Jewish faith abstain from eating or drinking to ask for God's [[forgiveness]] for their transgressions of the previous year.  
  
−
==== Rehabilitation ====
+
[[Christianity]] warns that people face punishment in the [[afterlife]] if they do not live in the way that [[Jesus]], who sacrificed his life in payment for our [[sin]]s, taught is the proper way of life. Earthly punishment, however, is still considered necessary to maintain order within society and to rehabilitate those who stray. The repentant criminal, by willingly accepting his punishment, is forgiven by God and inherits future blessings.  
−
Some punishment includes work to reform and [[Rehabilitation (penology)|rehabilitate]] the wrongdoer so that they will not commit the offense again. This is distinghuised from deterrence, in that the goal here is to change the offender's attitude to what they have done, and make them come to accept that their behaviour was wrong.
 
  
−
==== Incapacitation ====
+
[[Islam]] takes a similar view, in that performing misdeeds will result in punishment in the afterlife. It is noted, however, that "Every person who is tempted to go astray does not deserve punishment" (''Nahjul Balagha,'' Saying 14).
−
In the prison system, imprisonment has the effect of confining prisoners, physically preventing them from committing crimes against those outside, i.e. protecting the community. The most dangerous criminals may be sentenced to [[life imprisonment]], or even to irreparable alternatives &mdash; the [[death penalty]], or [[castration]] of sexual offenders &mdash; for this reason of the common good.
 
  
−
==== Restoration ====
+
== Future of Punishment ==
−
 
−
For minor offences, punishment may take the form of the offender "righting the wrong"; for example, a vandal might be made to clean up the mess he has made.
 
−
 
−
In more serious cases, punishment in the form of fines and compensation payments may also be considered a sort of "restoration."
 
  
−
Some [[libertarians]] argue that full restoration or restitution on an [[individualistic]] basis is all that is ever [[just]], and that this is compatible with both retributivism and a [[utilitarian]] degree of deterrence.[http://www.la-articles.org.uk/libertarian_restitution.htm]
+
In the past, punishment was an action solely between the offender and the victim, but now a host of laws protecting both the victim and offender are involved. The justice system, including a judge, jury, lawyers, medical staff, professional experts called to testify, and witnesses all play a role in the imposition of punishments.
  
−
==== Revenge, Retributive justice, or Retribution ====
+
With increasing prison reform, concern for the rights of prisoners, and the shift from physical force against offenders, punishment has changed and continues to change. Punishments once deemed humane are no longer acceptable, and advances in [[psychiatry]] have led to many criminal offenders being termed as [[mental illness|mentally ill]], and therefore not in control of their actions. This raise the issue of responsible some criminals are for their own actions and whether they are fit to be punished.<ref> Issac Ehrlich, 1996. Crime, Punishment, and the Market for Offenses ''Journal of Economic Perspectives''. </ref>
−
[[Retributive justice|Retribution]] is the practice of "getting even" with a wrongdoer &mdash; the suffering of the wrongdoer is seen as good in itself, even if it has no other benefits. One reason for [[society|societies]] to include this judicial element is to diminish the perceived need for street justice, blood revenge and [[vigilante|vigilantism]]. However, some argue that this is a "zero sum game," that such acts of street justice and blood revenge are not removed from society, but responsibility for carrying them out is merely transferred to the state.
 
  
−
Retribution sets an important standard on punishment &mdash; the transgressor must get what he deserves, but no more. Therefore, a thief put to death is not retribution; a murderer put to death is. [[Adam Smith]], who is credited as the father of Capitalism, wrote extensively about punishment. In his view, an important reason for punishment is not only deterrence, but also satisfying the resentment of the victim. Moreover, in the case of the death penalty, the retribution goes to the dead victim, not his family. (So, to extend Smith's views, a murderer can be spared the death penalty only by the victim's express wish, made when he was alive.) One great difficulty of this approach is that of judging exactly what it is that the transgressor "deserves." For instance, it may be retribution to put a thief to death if he steals a family's only means of livelihood; conversely, mitigating circumstances may lead to the conclusion that the execution of a murderer is not retribution.
+
==Notes==
−
+
<References/>
−
A specific way to elaborate this concept in the very punishment is the ''[[mirror punishment]]'' (the more literal applications of "an eye for an eye"), a penal form of 'poetic justice' which reflects the nature or means of the crime in the means of (mainly corporal) punishment.
 
  
−
==== Honoring Values ====
+
==References==
−
Punishment can be seen to honor the values codified in law. In this view, the value of human life is seen to be honored by the punishment of a murderer. Proponents of [[capital punishment]] have been known to base their position on this concept.
 
−
Victor Balest takes this even farther as he maintains that it is immoral of a society ''not'' to apply such retributive justice in a case where the guilt of the criminal has been proven beyond doubt and where all legal appeals have been legitimized and exhausted. Retributive justice is, in his view, a moral mandate that societies must guarantee and act upon. He contends that if wrongdoing goes unpunished, individual citizens will become demoralized and this ultimately undermines the moral fabric of the society. Not to punish wrongdoing is unfair, and it has recently been shown in clinical studies of primates that fairness and lack of fairness is inherently understood and acted upon.
 
  
−
There are some commentators such as [[Charles Colson|Chuck Colson]] who accept this view as valid but believe that the fallibility of human justice systems should preclude using it as a justification.
+
* Garland, David. 1993. ''Punishment and Modern Society.'' University of Chicago Press. ISBN 978-0226283821.
 +
* Gottschalk, Marie. 2006. ''The Prison and the Gallows: The Politics of Mass Incarceration in America.'' Cambridge University Press. ISBN 978-0521682916.
 +
* Kircheimer, Otto, and George Rusche. 2003. ''Punishment and Social Structure.'' Transaction Publishers. ISBN 978-0765809216.
 +
* Lyons, Lewis. 2003. ''The History of Punishment.'' The Lyons Press. ISBN 978-1592280285.
 +
* Western, Bruce. 2006. ''Punishment and Inequality in America.'' Russel Sage Foundation Publications. ISBN 978-0871548948.
  
−
==== Education ====
+
*{{1911}}
−
From German Criminal Law, Punishment can be explained by positive prevention theory to use criminal justice system to teach people what are the social norms for what is correct and acts as a reinforcement. It teaches people to obey the law and eliminates the free-rider principle of people not obeying the law getting away with it.
 
  
−
==Sources and References==
+
==External links==  
−
*{{1911}}
+
All links retrieved December 2, 2022.
 
*Stanford Encyclopedia of Philosophy:  
 
*Stanford Encyclopedia of Philosophy:  
−
**[http://plato.stanford.edu/entries/punishment/ Punishment]
+
**[http://plato.stanford.edu/entries/legal-punishment/ Legal Punishment]  
−
**[http://plato.stanford.edu/entries/legal-punishment/ Legal Punishment]
 
−
*[http://www.etymonline.com/index.php?search=punish&searchmode=none Etymology OnLine]
 
−
 
 
−
 
 
  
 
{{Credit1|Punishment|113914145|}}
 
{{Credit1|Punishment|113914145|}}

Latest revision as of 18:12, 14 April 2023


Man and woman undergoing public exposure for adultery in Japan from Sketches of Japanese Manners and Customs, by J. M. W. Silver, published in 1867

Punishment is the practice of imposing something unpleasant on a person as a response to some unwanted or immoral behavior or disobedience that they have displayed. Punishment has evolved with society; starting out as a simple system of revenge by the individual, family, or tribe, it soon grew as an institution protected by governments, into a large penal and justice system. The methods of punishment have also evolved. The harshest—the death penalty—which used to involve deliberate pain and prolonged, public suffering, involving stoning, burning at the stake, hanging, drawing and quartering, and so forth evolved into attempts to be more humane, establishing the use of the electric chair and lethal injection. In many cases, physical punishment has given way to socieconomic methods, such as fines or imprisonment.

The trend in criminal punishment has been away from revenge and retribution, to a more practical, utilitarian concern for deterrence and rehabilitation. As a deterrent, punishment serves to show people norms of what is right and wrong in society. It effectively upholds the morals, values, and ethics that are important to a particular society and attempts to dissuade people from violating those important standards of society. In this sense, the goal of punishment is to deter people from engaging in activities deemed as wrong by law and the population, and to act to reform those who do violate the law.

The rise of the protection of the punished created new social movements, and evoked prison and penitentiary reform. This has also led to more rights for the punished, as the idea of punishment as retribution or revenge has large been superseded by the functions of protecting society and reforming the perpetrator.

William Pyne: The Costume of Great Britain (1805) - The Pillory

Definitions

Punishment may be defined as "an authorized imposition of deprivations — of freedom or privacy or other goods to which the person otherwise has a right, or the imposition of special burdens — because the person has been found guilty of some criminal violation, typically (though not invariably) involving harm to the innocent."[1] Thus, punishment may involve removal of something valued or the infliction of something unpleasant or painful on the person being punished. This definition purposely separates the act of punishment from its justification and purpose.

The word "punishment" is the abstract substantiation of the verb to punish, which is recorded in English since 1340, deriving from Old French puniss-, an extended form of the stem of punir "to punish," from Latin punire "inflict a penalty on, cause pain for some offense," earlier poenire, from poena "penalty, punishment."[2]

The most common applications are in legal and similarly regulated contexts, being the infliction of some kind of pain or loss upon a person for a misdeed, namely for transgressing a law or command (including prohibitions) given by some authority (such as an educator, employer, or supervisor, public or private official). Punishment of children by parents in the home as a disciplinary measure is also a common application.

In terms of socialization, punishment is seen in the context of broken laws and taboos. Sociologists such as Emile Durkheim have suggested that without punishment, society would devolve into a state of lawlessness, anomie. The very function of the penal system is to inspire law-abiding citizens, not lawlessness. In this way, punishment reinforces the standards of acceptable behavior for socialized people.[3]

History

Two prisoners in pillory with another tied to whipping post below and man with whip in prison in Delaware

The progress of civilization has resulted in a vast change in both the theory and in the method of punishment. In primitive society punishment was left to the individuals wronged, or their families, and was vindictive or retributive: in quantity and quality it would bear no special relation to the character or gravity of the offense. Gradually there arose the idea of proportionate punishment, of which the characteristic type is the lex talionis—"an eye for an eye."

The second stage was punishment by individuals under the control of the state, or community. In the third stage, with the growth of law, the state took over the punitive function and provided itself with the machinery of justice for the maintenance of public order.[4] Henceforward crimes were against the state, and the exaction of punishment by the wronged individual (such as lynching) became illegal. Even at this stage the vindictive or retributive character of punishment remained, but gradually, and especially after the humanist thinkers Cesare Beccaria and Jeremy Bentham, new theories begin to emerge.

Two chief trains of thought have combined in the condemnation of primitive theory and practice. On the one hand the retributive principle itself has been very largely superseded by the protective and the reformative approach. On the other, punishments involving bodily pain have become objectionable to the general sensibility of society. Consequently, corporal and capital punishment occupy a far less prominent position in societies. It began to be recognized also that stereotyped punishments, such as ones that belong to penal codes, fail to take due account of the particular condition of an offense and the character and circumstances of the offender. A fixed fine, for example, operates very unequally on rich and poor.

Modern theories date from the eighteenth century, when the humanitarian movement began to teach the dignity of the individual and to emphasize rationality and responsibility. The result was the reduction of punishment both in quantity and in severity, the improvement of the prison system, and the first attempts to study the psychology of crime and to distinguish between classes of criminals with a view to their improvement.[5]

These latter problems are the province of criminal anthropology and criminal sociology, sciences so called because they view crime as the outcome of anthropological or social conditions. The law breaker is himself a product of social evolution and cannot be regarded as solely responsible for his disposition to transgress. Habitual crime is thus to be treated as a disease. Punishment, therefore, cab be justified only in so far as it either protects society by removing temporarily or permanently one who has injured it or acting as a deterrent, or when it aims at the moral regeneration of the criminal. Thus the retributive theory of punishment with its criterion of justice as an end in itself gave place to a theory which regards punishment solely as a means to an end, utilitarian or moral, depending on whether the common advantage or the good of the criminal is sought.[6]

Types of punishments

A leather cat o' nine tails

There are different types of punishments for different crimes. Age also plays a determinant on the type of punishment that will be used. For many instances, punishment is dependent upon context.

Criminal punishment

Convicted criminals are punished according to the judgment of the court. Penalties may be physical or socieconomic in nature.

Physical punishment is usually an action that hurts a person's physical body; it can include whipping or caning, marking or branding, mutilation, capital punishment, imprisonment, deprivation of physical drives, and public humiliation.

A culprit exposed to public resentment in the pillory at Switzerland by Thomas Bankes (ca. 1788-1790)

Socioeconomic punishment affects a person economically, occupationally, or financially, but not physically. It includes fines, confiscation, demotion, suspension, or expulsion, loss of civic rights, and required hours of community service. Socioeconomic punishment relies on the assumption that the person's integration into society is valued; as someone who is well-socialized will be severely penalized and socially embarrassed by this particular action.

Especially if a precise punishment is imposed by regulations or specified in a formal sentence, often one or more official witnesses are prescribed, or somehow specified (such as from the faculty in a school or military officers) to see to the correct execution. A party grieved by the punished may be allowed the satisfaction of witnessing the humbled state of exposure and agony. The presence of peers, such as classmates, or an even more public venue such as a pillory on a square—in modern times even press coverage—may serve two purposes: increasing the humiliation of the punished and serving as an example to the audience.

Punishment for children

In the Punishment Corner by Carl Larsson (1853-1919)

Children's punishments usually differ from punishments for adults. This is mainly because children are young and immature; therefore have not had the experiences that adults have had, and are thought to be less-knowledgeable about legal issues and law. Children who commit crimes are, therefore, sent to juvenile detention centers rather than adult prisons.

Punishments can be imposed by educators, which include expulsion from school, suspension from the school, detention after school for additional study, or loss of certain school privileges or freedoms. Corporal punishment, while common in most cultures in the past, has become unacceptable in many modern societies. Parents may punish a child through different ways, including spankings, custodial sentences (such as chores), a "time-out" which restricts a child from doing what he or she wants to do, grounding, and removal of privileges or choices. In parenting, additional factors that increase the effectiveness of punishment include a verbal explanation of the reason for the punishment and a good relationship between the parent and the child.[7]

Reasons

Defector from the Viet Cong who was sent to a prison camp and deliberately starved.

There are many possible reasons that might be given to justify or explain why someone ought to be punished; here follows a broad outline of typical, possibly contradictory justifications.

Deterrence

Deterrence means dissuading someone from future wrongdoing, by making the punishment severe enough that the benefit gained from the offense is outweighed by the cost (and probability) of the punishment.

Deterrence is a common reason given for why someone should be punished. It is believed that punishment, especially when made known to—or witnessed by—the punished person's peers, can deter them from committing similar offenses, and thus serves a greater preventative good. However, it may be argued that using punishment as a deterrent has the fundamental flaw that human nature tends to ignore the possibility of punishment until they are caught, and actually can be attracted even more to the 'forbidden fruit', or even for various reasons glorify the punished, such as admiring a fellow for 'taking it like a man'. Furthermore, especially with children, feelings of bitterness and resentment can be aroused towards the punisher (parent) who threaten a child with punishment.

Punishment may also be used as part of the treatment for individuals with certain mental or developmental disorders, such as autism, to deter or at least reduce the occurrence of behaviors that can be injurious (such as head banging or self-mutilation), dangerous (such as biting others), or socially stigmatizing (such as stereotypical repetition of phrases or noises). In this case, each time the undesired behavior occurs, punishment is applied to reduce future instances. Generally the use of punishment in these situations is considered ethically acceptable if the corrected behavior is a significant threat to the individual and/or to others.

Education

Punishment demonstrates to the population which social norms are acceptable and which is not. People learn, through watching, reading about, and listening to different situations where people have broken the law and received a punishment, what they are able to do in society. Punishment teaches people what rights they have in their society and what behaviors are acceptable, and which actions will bring them punishment. This kind of education is important for socialization, as it helps people become functional members of the society in which they reside.

Honoring values

Punishment can be seen to honor the values codified in law. In this view, the value of human life is seen to be honored by the punishment of a murderer. Proponents of capital punishment have been known to base their position on this concept. Retributive justice is, in this view, a moral mandate that societies must guarantee and act upon. If wrongdoing goes unpunished, individual citizens may become demoralized, ultimately undermining the moral fabric of the society.

Incapacitation

Imprisonment has the effect of confining prisoners, physically preventing them from committing crimes against those outside, thus protecting the community. The most dangerous criminals may be sentenced to life imprisonment, or even to irreparable alternatives — the death penalty, or castration of sexual offenders — for this reason of the common good.

Rehabilitation

Punishment may be designed to reform and rehabilitate the wrongdoer so that they will not commit the offense again. This is distinguished from deterrence, in that the goal here is to change the offender's attitude to what they have done, and make them come to accept that their behavior was wrong.

Restoration

For minor offenses, punishment may take the form of the offender "righting the wrong." For example, a vandal might be made to clean up the mess he made. In more serious cases, punishment in the form of fines and compensation payments may also be considered a sort of "restoration." Some libertarians argue that full restoration or restitution on an individualistic basis is all that is ever just, and that this is compatible with both retributive justice and a utilitarian degree of deterrence.[8]

Revenge and retribution

Retribution is the practice of "getting even" with a wrongdoer — the suffering of the wrongdoer is seen as good in itself, even if it has no other benefits. One reason for societies to include this judicial element is to diminish the perceived need for street justice, blood revenge and vigilantism. However, some argue that this does not remove such acts of street justice and blood revenge from society, but that the responsibility for carrying them out is merely transferred to the state.

Retribution sets an important standard on punishment — the transgressor must get what he deserves, but no more. Therefore, a thief put to death is not retribution; a murderer put to death is. An important reason for punishment is not only deterrence, but also satisfying the unresolved resentment of victims and their families. One great difficulty of this approach is that of judging exactly what it is that the transgressor "deserves." For instance, it may be retribution to put a thief to death if he steals a family's only means of livelihood; conversely, mitigating circumstances may lead to the conclusion that the execution of a murderer is not retribution.

A specific way to elaborate this concept in the very punishment is the mirror punishment (the more literal applications of "an eye for an eye"), a penal form of 'poetic justice' which reflects the nature or means of the crime in the means of (mainly corporal) punishment.[9]

Religious views on punishment

Punishment may be applied on moral, especially religious, grounds as in penance (which is voluntary) or imposed in a theocracy with a religious police (as in a strict Islamic state like Iran or under the Taliban). In a theistic tradition, a government issuing punishments is working with God to uphold religious law. Punishment is also meant to allow the criminal to forgive himself/herself. When people are able to forgive themselves for a crime, God can forgive them as well. In religions that include karma in justice, such as those in the Hindu and Buddhist traditions, punishment is seen as a balance to the evil committed, and to define good and evil for the people to follow. When evil is punished, it inspires people to be good, and reduces the amount of evil karma for future generations.[10]

Many religions have teachings and philosophies dealing with punishment. In Confucianism it is stated that "Heaven, in its wish to regulate the people, allows us for a day to make use of punishments" (Book of History 5.27.4, Marquis of Lu on Punishments). Hinduism regards punishment as an essential part of government of the people: "Punishment alone governs all created beings, punishment alone protects them, punishment watches over them while they sleep; the wise declare punishment to be the law. If punishment is properly inflicted after due consideration, it makes all people happy; but inflicted without consideration, it destroys everything" (Laws of Manu 7.18-20) and "A thief shall, running, approach the king, with flying hair, confessing that theft, saying, 'Thus I have done, punish me.' Whether he is punished or pardoned [after confessing], the thief is freed from the guilt of theft; but the king, if he punishes not, takes upon himself the guilt of the thief" (Laws of Manu 8.314, 316).

The guidelines for the Abrahamic religions come mainly from the Ten Commandments and the detailed descriptions in the Old Testament of penalties to be exacted for those violating rules. It is also noted that "He who renders true judgments is a co-worker with God" (Exodus 18.13).

However, Judaism handles punishment and misdeeds differently from other religions. If a wrongdoer commits a misdeed and apologizes to the person he or she offended, that person is required to forgive him or her. Similarly, God may forgive following apology for wrongdoing. Thus, Yom Kippur is the Jewish Day of Atonement, on which those of the Jewish faith abstain from eating or drinking to ask for God's forgiveness for their transgressions of the previous year.

Christianity warns that people face punishment in the afterlife if they do not live in the way that Jesus, who sacrificed his life in payment for our sins, taught is the proper way of life. Earthly punishment, however, is still considered necessary to maintain order within society and to rehabilitate those who stray. The repentant criminal, by willingly accepting his punishment, is forgiven by God and inherits future blessings.

Islam takes a similar view, in that performing misdeeds will result in punishment in the afterlife. It is noted, however, that "Every person who is tempted to go astray does not deserve punishment" (Nahjul Balagha, Saying 14).

Future of Punishment

In the past, punishment was an action solely between the offender and the victim, but now a host of laws protecting both the victim and offender are involved. The justice system, including a judge, jury, lawyers, medical staff, professional experts called to testify, and witnesses all play a role in the imposition of punishments.

With increasing prison reform, concern for the rights of prisoners, and the shift from physical force against offenders, punishment has changed and continues to change. Punishments once deemed humane are no longer acceptable, and advances in psychiatry have led to many criminal offenders being termed as mentally ill, and therefore not in control of their actions. This raise the issue of responsible some criminals are for their own actions and whether they are fit to be punished.[11]

Notes

  1. ↑ Adam Bedau, 2005. "Punishment" Stanford Encyclopedia of Philosophy. Retrieved July 17, 2007.
  2. ↑ "punish" Online Etymology Dictionary Retrieved July 17, 2007.
  3. ↑ Emile Durkheim (1895) On the Normality of Crime.
  4. ↑ Otto Kircheimer, and George Rusche. 2003. Punishment and Social Structure. (Transaction Publishers. ISBN 978-0765809216)
  5. ↑ Markus Dubber, The Right to be Punished: Autonomy and Its Demise in Modern Penal Thought. Law and History Review. (University of Illinois, 1998).
  6. ↑ David Garland. Punishment and Modern Society. (University of Chicago Press, 1993. ISBN 978-0226283821)
  7. ↑ W. Huitt, and J. Hummel. 1997. An Introduction to Operant (Instrumental) Conditioning. Valdosta State University Press. Retrieved July 17, 2007.
  8. ↑ C. J. Lester, 2005. A Plague on Both Your Statist Houses: Why Libertarian Restitution Beats State Retribution and State Leniency Libertarian Alliance 2005. Retrieved July 17, 2007.
  9. ↑ H. J. McCloskey. 1962. The Complexity of the Concepts of Punishment Philosophy. University of Melbourne.
  10. ↑ World Scriptures. www.euro-tongil.org.
  11. ↑ Issac Ehrlich, 1996. Crime, Punishment, and the Market for Offenses Journal of Economic Perspectives.

References
ISBN links support NWE through referral fees

  • Garland, David. 1993. Punishment and Modern Society. University of Chicago Press. ISBN 978-0226283821.
  • Gottschalk, Marie. 2006. The Prison and the Gallows: The Politics of Mass Incarceration in America. Cambridge University Press. ISBN 978-0521682916.
  • Kircheimer, Otto, and George Rusche. 2003. Punishment and Social Structure. Transaction Publishers. ISBN 978-0765809216.
  • Lyons, Lewis. 2003. The History of Punishment. The Lyons Press. ISBN 978-1592280285.
  • Western, Bruce. 2006. Punishment and Inequality in America. Russel Sage Foundation Publications. ISBN 978-0871548948.
  • This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.

External links

All links retrieved December 2, 2022.

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