NCJ Number
80888
Date Published
1981
Length
121 pages
Annotation
The book explores societal attempts to hide the basic character of punishment or give scientific reasons for inflicting pain in its efforts to control crime. It is based primarily on experiences in the Scandinavian countries.
Abstract
Although penal history shows a gradual decrease in pain, each form of punishment should be evaluated according to its own time. This discussion first examines words currently used to disguise the phenomenon of pain and suffering and then turns to the decline of the treatment philosophy in penal practices. A review of neoclassical theories which openly espouse the pain of punishment as a deterrent and the need for protection against unjust pain delivery emphasizes that this system is not an acceptable foundation for crime control strategies. Also discussed are the possibilities of combining the two approaches with the help of computers. Problems that the welfare state created for social control are described, with attention to minor crimes such as substance abuse and street muggings. Similarities between traditional ideas of punishment and modern concepts of treatment are illustrated by examples of crime control efforts in the United States, a rural Swedish town, and a Danish collective. Conditions which might encourage a low level of pain infliction are outlined, such as collecting detailed knowledge about all members of society and reducing the power of persons responsible for handling conflicts. The concluding chapter on participatory justice proposes that conflicts be civilized rather than eliminated and that victims receive compensation. It also suggests that punishment be carried out in an expressive manner similar to mourning if it is an accepted practice. Over 80 references are included.