Critically evaluate the prison as the central form of punishment in Britain at the start of the 21st Century.
Prisons are mere places of confinement. It is used as a sanction for offences of which offenders stand convicted. Since the abolition of the death penalty in 1965 imprisonment has been the most serious penalty the courts can impose in Britain. Essentially this essay will evaluate prisons as the central form of punishment at the start of the 21st century. One must first discuss what the central aim of punishment actually is. This needs to be examined, as it is essential to understand what effect one is expecting from the punishment and thus whether prisons are the best form for these aims to be achieved. .
There are four main theories of punishment; retribution, deterrence, incapacitation and rehabilitation. The retributive theory looks back to the crime and punishes because of the crime. The remaining three all look forward to the consequences of punishment and thereby hope to achieve a reduction in crime. They are therefore often termed consequentialist or utilitarian theories. The boundaries between these theories are far from clear, containing sub-categories, many of which are perceived quite differently by different writers. To establish why it is we punish, each theory will have to be examined closely.
The term retribution can be used in several senses. It can indicate vengeance or expiration, however, it is today more commonly associated with giving the offender his just deserts and using punishment as a censure or denunciation. The desire for vengeance theory is that the punishment satisfies the victim's desire for vengeance, and the state is exacting vengeance on their behalf to prevent private retaliation. .
Expiration requires the offender to work off his guilt; he must be purified through suffering. "The essence of the expiratory view is that in suffering his punishment, the offender has purged his guilt, has 'paid for' his crime, and that his account with society is therefore clear.