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What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society.
Drawing on both empirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.
- Sales Rank: #2381653 in Books
- Brand: Brand: NYU Press
- Published on: 2006-10-01
- Released on: 2006-10-01
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .58" w x 6.00" l, .72 pounds
- Binding: Paperback
- 219 pages
- Used Book in Good Condition
Review
“Philosophers of law too often assume that criminal punishment is of course justified and then argue over exactly what is the best justification for the practice—utilitarian deterrence, retribution, moral education, etc. It is important that this shared assumption be challenged and that serious consideration be given to the possibility that criminal punishment may not be justified at all. Although Professor Golash has by no means persuaded me that all criminal punishment should be totally abolished, her book is to be welcomed as an attempt to provoke serious reflection on this basic issue.”
-Jeffrie G. Murphy,Regents’ Professor of Law, Philosophy, and Religious Studies, Arizona State University
“A work of sweeping vision and profound insight. Punishment, Golash demonstrates convincingly, is wrong in itself and counterproductive as well. That her fine book closes with a thoughtful sketch of a world without punishment is a testament to the author's intellectual range and originality.”
-Robert Johnson,author of Hard Time: Understanding and Reforming the Prison
“A book that can spur good discussion and stimulate critical thinking.”
-Law and Politics Book Review
“A finely reasoned argument on the ills of punishment. . . . An informative and thought provoking read.”
-New York Law Journal
About the Author
Deirdre Golash is associate professor in the Department of Justice, Law, and Society at American University in Washington, DC.
Most helpful customer reviews
4 of 4 people found the following review helpful.
EI
By blaze5
The beauty of this book is the balance between emotional and rational intelligence inherent on Golash's argument. My review may be biased by my own beliefs, as I am against punishment.
I found the discussion of anger to be particularly interesting. There is something meaningful here that can be applied to everyday transgressions within relationships-- a reconfiguring of the way we perceive and experience our lives.
Having read this book for a class, I noticed that it did trip some people up-- they were confused by what Golash was saying exactly. Others clearly rejected her basic premise because doing away with punishment is a revolutionary (I would even argue evolutionary) idea. It scares people. You have to be really open minded/hearted to appreciate this book fully.
1 of 1 people found the following review helpful.
A Sweeping Indictment
By William H. DuBay
Professor Golash writes a sweeping challenge to one of the foundational beliefs of modern civilization--punishment. She writes that punishment "repeats the crime rather than annulling it" and argues that punishment causes greater harm to society than the offenses committed.
With a broad command of the literature on the subject, she has us look at the reasons used throughout history to justify punishment--restitution, rehabilitation, and incapacitation--and finds punishment ineffective if not counter-productive. Most insidious is the belief that punishment is good for offenders and somehow improves their "moral goodness." Offenders are quite alienated from the state, and prison makes them more so.
In an early chapter, Goulash notes that early Christians had the chance to do away with punishment, with all the injunctions of Jesus to "judge not," to leave revenge to God, to love all, and to forgive one's neighbor "seven times seventy." She notes, however, that 4th-century Christians "found new "uses for punishment" in the writings of St. Augustine and Thomas Aquinas..
Golash calls frequent attention to the psychological role that punishment plays in venting our aggressive impulses. She states that punishment is a kind of a war that those in authority use to consolidate their power.
She does not neglect to focus on the social causes of crime and especially poverty and inequality. These are to be expected, she notes, in a society that puts the highest value on competition and self-interest. Punishment makes no sense at all without aggressively addressing these divisive social conditions. She also points out how our current "one size fits all" system of correction fails to properly address the real needs of the victim, the offenders, or of the community. Modern prisons, she argues, only causes the prisoners to hat the state all the more instead of aligning with it.
Her last chapters take up alternatives to punishment, which include not only economic justice, but the implementation of new forms of local organization that address the needs of the community that are created by crime. Most important is her commendation for "circles of support" that include families of both offenders and victims. They are successful in both making the offenders accountable for the offense and giving adequate support to both offenders and victims.
Such a forward-looking and restorative strategy is stark contrast to the backward-looking and thoughtless damage of punishment.
One has to question, however, Golash's need to have the offender take full responsibility for the crime. It is not as if she did not spend much of her work examining all the "mitigating circumstances" leading up to the crime. Insofar as social conditions contribute to the crime, how can we hold the offender "accountable" for all of those causes?
James Thiel takes up just that issue in his recent work, "Radioactivity and the Falsehoods of Free Will and Merit." As he points out, studies indicate that we may not be accountable for any of our actions. Nobody deserves anything. That leas us to believe that we have to go back to square one and build civilization over again.
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