Capital Punishment
Capital Punishment
Outline of lecture How do we analyse punishment? Penal evolution American EXceptionalism? Cultural structure of death penalty Methods Responsibility for death Rehabilitation or revenge?
Outline of Lecture • How do we analyse punishment? • Penal Evolution • American Exceptionalism? • Cultural structure of death penalty – Methods – Responsibility for death – Rehabilitation or Revenge?
Cultural Analysis of Capital Punishment Can not assume that death penalty and criminal law is above all about reducing crime What else does the death penalty do? Crime is not a natural category, but is historical The ways in which we respond to crime are not given once and for all but are historical Penal punishment is therefore open to cultural analysIs Is it an expressive form of action?
Cultural Analysis of Capital Punishment • Can not assume that death penalty and criminal law is above all about reducing crime • What else does the death penalty do? • Crime is not a natural category, but is historical. – The ways in which we respond to crime are not given once and for all but are historical • Penal punishment is therefore open to cultural analysis. • Is it an expressive form of action?
Historical Movement Away from Violent punishment? General assumption that forms of punishment becoming less violent Durkheim-Penal evolution Punishment is an emotive response to infringement of collective moral order Intensity of punishment decreases as societies become more complex Simple societies'-intense collective consciousness, intense emotions, and severe punishments Complex societies, weaker collective consciousness, less emotional, and punishments less severe
Historical Movement Away from Violent Punishment? • General assumption that forms of punishment becoming less violent • Durkheim-Penal Evolution – Punishment is an emotive response to infringement of collective moral order – Intensity of punishment decreases as societies become more complex. • ‘Simple societies’- intense collective consciousness, intense emotions, and severe punishments • ‘Complex societies’, weaker collective consciousness, less emotional, and punishments less severe
Foucault-Discipline and punish Shifts in punishment reflect shifts in political organisation Early 18th century: Public executions as public rituals power of the sovereign enacted on bodies of the condemned Late 1 9th century public executions decreased Reflected shift from sovereign displays of violence, to more diffused form of disciplinary power Object of punishment shifted from the body to the soul of the criminal Aim less to avenge the crime and more to transform the soul Less punitive and more corrective Privatisation of punishment Rise of imprisonment rather than execution Capital punishment removed from public arena
Foucault-Discipline and Punish • Shifts in punishment reflect shifts in political organisation. • Early 18th century: Public executions as public rituals, power of the sovereign enacted on bodies of the condemned. • Late 19th century public executions decreased. • Reflected shift from sovereign displays of violence, to more diffused form of disciplinary power. • Object of punishment shifted from the body to the soul of the criminal. – Aim less to avenge the crime and more to transform the soul – Less punitive and more corrective. • Privatisation of punishment – Rise of imprisonment rather than execution. – Capital punishment removed from public arena
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American Exceptionalism How do we explain America? In US, by 19th century public executions were gradually outlawed European states abolished capital punishment after WWIl UK 1973, France 1981, germany 1987 Last executions occurred well before death penalty formally taken off the statue book In US, peaked in 1930s, declined through the 1960s Judicial moratorium suspended executions from 1968 to1976. Executions resumed in the us after 1977
American Exceptionalism • How do we explain America? – In US, by 19th century public executions were gradually outlawed – European states abolished capital punishment after WWII • UK 1973, France 1981, Germany 1987. • Last executions occurred well before death penalty formally taken off the statue book. – In US, peaked in 1930s, declined through the 1960s – Judicial moratorium suspended executions from 1968 to 1976. – Executions resumed in the US after 1977
Death Penalty in the USA As of 2000 over 6000 executions had occurred since the judicial moratorium US executing offenders at a rate not seen since the 1950s In Texas average of one execution every week More than 4000 inmates on death row Most recent acts of congress have extended reach of capital punishment At the same time should not ignore anti-death penalty sentiment In ' land of the free criminal justice system is one of the most severe in the western world
Death Penalty in the USA – As of 2000 over 6000 executions had occurred since the judicial moratorium. – US executing offenders at a rate not seen since the 1950s. • In Texas average of one execution every week • More than 4000 inmates on death row • Most recent acts of congress have extended reach of capital punishment • At the same time should not ignore anti-death penalty sentiment. – In ‘land of the free’ criminal justice system is one of the most severe in the western world
How do we understand this Is the continued existence of death penalty in US a form of cultural exceptionalism? High levels of violence Love affair with guns Individualised freedom Codes of masculine honour Fundamentalist religion Racial violence Does violence shape American imagination more than other countries Polls show that in UK majority support death penalty Explanation less cultural and more political Decentralised government
How do we understand this? • Is the continued existence of death penalty in US a form of cultural exceptionalism? – High levels of violence – Love affair with guns – Individualised freedom – Codes of masculine honour – Fundamentalist religion – Racial violence • Does violence shape American imagination more than other countries? – Polls show that in UK majority support death penalty. • Explanation less cultural and more political. – Decentralised government