Punishment

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. The idea behind punishment is a deterrent; it serves to show people 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. Criminals, offenders, or perpetrators have their own pathology, and the goal of punishment seeks to deter these people from engaging in activities deemed as wrong by law and the population. The ability to punish rests squarely on what that society says is unacceptable in making society function.

Punishment evolved with society; starting out as a system of revenge, it soon grew as an institution protected by governments, into a large penal and justice system. Debates and philosophies were initiated over the legality and function of punishment and in the last few centuries, studies were done to determine the usefulness of punishment. The rise of the protection of the punished created new social movements, prisoner and penetentary reform became a hot political topic. The types of punishments also changed from stoning and hangings to the electric chair and lethal injection. Teachers used to be able to hit their students if they got out of line, but this method of punishment is no longer socially acceptable, and the teacher can be punished (through losing their job) by using such methods in their classroom. This progression has given more rights and chances to the punished, as people began to realize that punishment was meant to reform and educate.

Definitions

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." 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 or culprit.

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).

In the field of psychology punishment has a more restrictive and technical definition. 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. 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.

In terms of socialization, punishment is seen as the result of broken laws and taboos. Punishment sets the bar for what is and is not acceptable in society. Punishment reinforces the progression of society and gives judicial backing to the established laws. Durkheim suggests 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 establishes acceptable behavior for socialized people.

History

The word "punishment" 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." 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.

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 offense.

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 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 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 18th 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 (see criminology, crime, juvenile delinquency).

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.

Michel Foucault describes in detail the evolution of punishment from hanging, drawing and quartering of medieval times to the modern systems of fines and prisons. He sees a trend in criminal punishment from vengeance by the King to a more practical, utilitarian concern for deterrence and rehabilitation.

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.

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) or (though not a true theocracy) by Inquisition. 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 him or her self. When one is 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.

Many religions have teachings and philosophies dealing with punishment. Christianity says that Jesus was punished for his altruistic love for humanity. People now face punishment in the after-life if they do not live in the way that Jesus left for people to live by. Violating laws compounds further sin and increases the chance that one will be punished in the after-life.

The guidelines of Judaism come mainly from the Ten Commandments. However, Judaism handles punishment and misdeeds differently than many religions. If a wrongdoer commits a misdeed and apologizes to the person he or she offended, that person is required by the religion to forgive him or her. If the violator does not apologize, the victim can still choose whether or not to apologize. Yom Kippur is the Jewish Day of Atonement. On this day, those of the Jewish faith abstain from eating or drinking to ask for God's forgiveness for their transgressions of the previous year.

Islam takes a similar view to Christianity in that performing misdeeds will result in punishment in the after-life. Disbelief, usury, and dishonesty all compound on a person's punishment.

People Involved in Punishment

While a 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 as well as in an institutional context, a more elaborate and formalistic procedure which can involve a small host of cast members.

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. 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). 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. 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.

Person Receiving Punishment

The punished party is often described by terms referring to his legal or other punishable status, e.g. convict, prisoner, culprit, miscreant, offender. Children, pupils and other trainees are also punished by their educators or instructors (mainly parents, guardians, or teachers, tutors and coaches). The same used to apply to wives and unmarried daughters as they were not legally emancipated from 'paternal' (or succeeding marital) discipline. While the person being punished is the center of attention, as a rule little or no choice is given to that person. In some cases punishees are even forced to some cooperation, such as sailors having to prepare a cat o' nine tails for use on their own back and children sent to cut a switch or rod for use on their own bottoms. 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. Most often, criminals are punished judicially, by fines, corporal punishment or custodial sentences such as prison; detainees risk further punishments for breaches of internal rules.

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) to estimate whether the offender's health requires the beating to be postponed, mitigated or even abandoned. Usually the doctor stays to observe the execution of the sentence, in principle to intervene if the victim is in excessive (especially mortal) danger. After the wounds have been inflicted, the medical examiner 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. 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.

Types of punishments

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

Criminal punishment

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

Socioeconomic punishment effects a person economically, occupationally, or financially, but not physically. No physical wound is practiced on the individual. Socioeconomic punishment relies on the person's integration into society, as someone who is well socialized will be severely penalized and socially embarrassed by this particular action. Socioeconomic punishment includes fines, confiscation, demotion, suspension or expulsion, loss of civic rights, and community service. Physical punishment is usually an action that hurts a person's physical body. Physical punishment can include whipping or caning, marking or branding, mutilation, capital punishment, imprisonment, deprivation of physical drives, and public humiliation.

Punishment for Children

Children punishments usually differ from punishments for adults. This is mainly because children are young and therefore have not had the experiences that adults have had, and are thought to be less knowledgeable about legal issues and law. Punishments can be imposed by educators, which includes expulsion from school, suspension from the school, retention for a particular year to repeat, or detention from certain school privileges or freedoms. Parents 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. 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. Positive parenting and Taking Children Seriously are non-punitive alternatives to modifying behavior.

Psychological Punishment

Operant conditiong deals with reinforcement and punishment. Positive reinforcement adds a reward when someone commits a good deed, and negative reinforcement takes away an aversive stimulus. Positive punishment adds an aversive stimulus to the environment, while negative punishment removes a favorable stimulus from the environment. The goal is extinction of the undesireable behavior that is being evaluated with reinforcement or punishment. This form of punishment is said to have a biological impact and has proven effective at modifying behavior.

Reasons

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 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.

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 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.

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.

Education

Punishment demonstrates to the population which social norms are acceptable and which are 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 they are allowed to get away with, 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 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. 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 Chuck Colson who accept this view as valid but believe that the fallibility of human justice systems should preclude using it as a justification.

Incapacitation

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 — the death penalty, or castration of sexual offenders — for this reason of the common good.

Rehabilitation

Some punishment includes work to reform and 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.

Restoration

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.

Revenge, Retributive justice, or 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 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 — 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.

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.

Future of Punishment

The number of people involved in punishment has also increased. What was once limited to a small group has now expanded. The action was originally solely between the offender and the victom, but now a host of laws protecting both the victim and offender include many other players. The justice system, including a judge, jury, lawyers, medical staff, and witnesses all play a role in many different punishments.

With the rise for increasing prison reform, the rights of prisoners, and the shift from physical force against offenders, punishment is still changing. Punishments once deemed humane are no longer acceptable forms, and medicalization has led to many criminal offenders being termed as ill, and therefore less in control of their actions. This brings controversey focused on how responsible some criminals are for their own actions and whether they are fit to be punished.

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. Rusche, George. 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.

Sources and References

• This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.
• Stanford Encyclopedia of Philosophy:
  • Punishment
  • Legal Punishment
• Etymology OnLine

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