Crimes of Punishment: America's Culture of Violence

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Algora Publishing, 2007 - Psychology - 290 pages
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This groundbreaking book by an award-winning psychoanalyst and forensic psychiatrist presents a comprehensive exploration of a timely but often taboo topic: the failure of punishment to deter crime and violence, an issue that affects us both individually and as a culture. Written at the culmination of the author s fifty-year career as a psychoanalyst, forensic psychologist and scholar, this wide-ranging work identifies the origins of violence and investigates the surprising consequences of punishment from a multitude of perspectives. In his treatment of the topic, Dr. Dorpat utilizes scientific research; ethical reasoning, and his vast clinical experience and insight. He also suggests the benefits of new and emerging humane alternatives to the revenge/punishment model currently entrenched in our society, such as restorative justice. In contrast to most contemporary measures, these new approaches while still imprisoning dangerous individuals effectively stress reparation and forms of sanctioning other than incarceration. When restitution replaces revenge, everyone benefits. Crimes of Punishment examines four key, interrelated social methods of punishment. These are (1) the corporal punishment of children, (2) the incarceration of adults in prisons, (3) capital punishment the death penalty, and (4) emotional (verbal) abuse. As he elucidates and analyzes each of these forms of punishment, Dr. Dorpat clearly and logically makes the case that punishment is not only ineffectual but that it also engenders more of what it ostensibly aims to stop: violence and misbehavior. Both children and adults who are subjected to punishment tend to become more violent individuals. In covering the full scope of our contemporary justice system Dr. Dorpat brings to the forefront those who are often overlooked or dismissed: the victims of crime. His concluding chapters present and clarify the psychological wounds and needs of these individuals, and demonstrate how restorative justice is effective in attending to victims in an ethical and healing manner. In a humane and ethically evolved society restitution replaces punishment. Market Comparison-- Crimes of Punishment is unique in that it covers not just one but four different types of punishment (the corporal punishment of children, the incarceration of adults, the death penalty, and verbal emotional] abuse). Two earlier books written by psychiatrists expose the terrible conditions in America s prisons. They are The Crime of Punishment (New York: Viking, 1968) by Karl Menninger, and Prison Madness by Terry Kupers (San Francisco: Jossey-Bass, 1999). This book differs in two important ways from the books written by Menninger and Kupers. First, The Crimes of Punishment covers other kinds of punishment, while those authors deal only with the punishment of incarceration. Secondly, the reforms they recommend are merely piecemeal modifications of the present criminal justice systems, whereas Dr. Dorpat argues for a radical change that includes the abolition of today s punitive prison (Retributive Justice) system and the establishment of a new and different system, namely Restorative justice, a system that has been developed over the past decade in Australia and New Zealand. The Crimes of Punishment differs from Menninger s book in covering the many changes that have occurred in prisons since 1968. In several short chapters on restorative justice, the book also explores this exciting new approach and serves as an informed introduction to a new, important, and effective moral approach to the treatment of criminals.
 

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Contents

DOES INCARCERATION DETER THE OFFENDER FROM COMMITTING FURTHER CRIMES?
145
The Defiance Response The Role of the Processes of Criminalization Prisonization and the Formation of a Negative Identity andor Negative Group I...
148
Effects of Incarceration
151
Loss of Freedom and Defiance
152
Conclusions
153
NOTES ON RELATIONSHIPS BETWEEN RELIGION NONVIOLENCE AND PUNISHMENT
155
Death is No Big Deal
158
The Apocalyptic Impulse
161

Does the Shame of Punishment Inhibit Wrongdoing?
24
How Allen Wheels Became a Psychological Slave
25
The Childhood Roots of Paranoid Psychopathology
26
PUNISHMENT AND THE CYCLE OF VIOLENCE
29
Television Evokes Violence
30
Intergenerational Transmission of Emotional and Physical Abuse
31
The Intergenerational Transmission of an Attitude of Contempt
33
Georges Legacy to his Children Grandchildren and GreatGrandchildren
34
Internalized Punishment and the Cycle of Violence
36
THE EFFECTS OF CORPORAL PUNISHMENT ON CHILDREN
39
Scientific Studies on Effects of Corporal Punishment
41
Depression and Suicide
43
Corporal Punishment and the Development of Conscience
44
Five Prospective Studies on the Effects of Corporal Punishment
45
Corporal Punishment Tends to Retard Cognitive Development
47
Nonviolent Modes of Discipline
48
Wanted A National Ban on Corporal Punishment
49
PUNISHMENTS AND PERILS IN TODAYS PRISONS
51
Suicide in Jails and Prisons
54
The War on Drugs and Mass Incarceration
57
Prisons are Dangerous Places
59
The Violence of Prison Rape
61
SupermaximumCustody Prisons
63
Invisible Post Incarceration Punishments
67
PRISONS ARE FACTORIES OF CRIME
69
A Shocking Level of Failure
70
The Futility of Fast Punitive Measures
72
This is a Crime Factory
73
Discussion
74
THE SCAPEGOATING OF PRISONERS
77
THE PROCESS OF CRIMINALIZATION OF PRISONERS A RELATIONAL PERSPECTIVE
85
Prison Relationships Foster the Formation of a Negative Identity andor Negative Group Identity
91
Psychosocial Processes of Prisonization and Criminalization
93
Shame Inculcation in Prisoners The Total Degradation Ceremony
95
Concluding Comments
96
THE LIMITATIONS OF PRISON REFORM
97
Prison Reforms of Elizabeth Farnham in New York State 1844
100
Prison Reforms of Thomas Mott Osborne in New York State 1913
101
Prison Reforms of Thomas Murton in Arkansas 1967
102
Prison Reforms of William R Conte M D in Washington State 1966
103
Prison Reform and Mental Hospital Reform A Comparison
106
Custody and Punishment Versus psychiatry and Treatment
108
Punishment and Rehabilitation are Fundamentally Incompatible Its Not Possible to Reform a Person and at the Same Time Punish Him
109
CHAPTER 9 ARGUMENTS FOR AND AGAINST THE DEATH PENALTY
111
The Moral Argument for Abolition
112
Sister Helen Prejean Spiritual Advisor to a Condemned Murderer
113
General Deterrence and the Death Penalty
114
Retribution The Irrational Doctrine of Immaculate Execution
116
Retribution
117
The New Abolitionism The Argument of Fairness
119
The Education of Governor Ryan
121
Forgiveness or Revenge
122
Brutalization Theory
124
The Cost Argument
125
IS THERE A MORAL JUSTIFICATION FOR PUNISHMENT?
127
Incapacitation
128
General Deterrence
129
Deterrence and the Fear of Punishment
130
Retribution
132
The Moral Education Theory of Punishment
134
Rehabilitation
138
False Ideas and Misconceptions about the Corporal Punishment of Children
139
False Idea 4 Only One or Two Spankings Wont Be Harmful
140
False Idea 6 Children Who Are Not Spanked Become Spoiled or Run Wild
141
False Idea 8 Parents Stop Spanking When the Child Becomes an Adolescent
142
False Idea 11 Jesus Christ Wants His Followers to Spank Their Children When They Misbehave
143
How the Myth of Redemptive Violence is Internalized by Children
162
WHY INCARCERATE WOMEN?
165
Women in Penal Institutions
168
Medical and Psychiatric Treatment in Womens Prisons
170
Do Women Offenders Need to Be in Prison?
172
EMOTIONAL ABUSE
175
Nonverbal Communication
176
Covert and Explicit Emotional Abuse
177
Gaslighting
178
Case Vignette of Gaslighting
179
Gaslighting and Interpretations of Distortions
180
The Double Whammy A Form of Covert Emotional Violence
181
Case Vignette of the Double Whammy
183
The Idealization of Power Over People
184
Effects of Emotional Violence
185
Guilt and Shame as Effects of Emotional Abuse
187
The Collective Denial of Emotional Violence
188
Conclusion
190
SOCIAL SYSTEMS OF DOMINATION AND PUNISHMENT
191
Seven Key Characteristics of Social Systems of Domination and Punishment
194
Concluding Comments
196
THE SOCIOPATHOLOGY OF THE PRISON SYSTEM
197
Hate the System Not the Person
198
The PrisonIndustrial Complex
199
Racism in Rural Prisons
200
The Slavery System and the Prison System Some Comparisons
201
Conclusions
202
CRIMES OF THE POOR AND CRIMES OF THE RICH A COMPARISON THE UNFAIRNESS OF THE CRIMINAL JUSTICE SYSTEM
203
Laws are Made for the Rich in Order to Dominate the Poor
205
Many Large Corporations are Antisocial Systems of Domination
206
Many Large Corporations are Antisocial Institutions
207
Corporate Irresponsibility A Case Report
210
Crimes of the poor and Crimes of the Rich A Comparison
211
Public Awareness of Individual Versus Corporate Crimes
212
A NONVIOLENT APPROACH TO COMMUNICATING AND RELATING TO OTHERS
215
Nonviolence as a Way of Life
217
Empathy and Compassion
218
Case Vignette
219
Nonviolent Responses to the Violence of Emotional Abuse
220
Clinical Vignette
221
Two Nonviolent Strategies
222
Vignette
223
The Power of Nonviolent Approaches for Preventing Violence
224
ON THE EFFECTIVENESS OF NONVIOLENT APPROACHES IN GROUPS
227
Nonviolence Versus the Myth of Redemptive Violence
231
RESTORATIVE JUSTICE A NEW FORM OF NONPUNITIVE JUSTICE
233
Social Injustice
236
Hope for the Future of Restorative Justice Approaches
237
Concluding Remarks
239
DOMESTIC ABUSE A COMPARISON BETWEEN THE RETRIBUTIVE JUSTICE AND RESTORATIVE JUSTICE APPROACHES
241
Mandatory Arrest and Prosecution
244
Restorative Women in Restorative Justice Approaches
245
RESTORATIVE JUSTICE AND RETRIBUTIVE JUSTICE A COMPARISON
249
Restitution or Retribution
250
The Truth and Reconciliation Commission TRC in South Africa
251
Amy Biehl A Case Vignette on the Healing Power of Forgiveness
252
Who Helps the Victims of Crime?
254
All Power to the State
255
Punishment and Pain
256
The Victim offender Reconciliation Program
257
Japans Effective TwoTrack Judicial System
258
The Differences Between Retributive Justice and Restorative Justice
260
Bibliography
263
Index
277
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