Continuity Of Punishment Over Time Analysis

CHANGES IN SEVERITY OF PUNISHMENTS OVER TIME The perspective based off of Georg Rusche and Otto Kirchheimer’s work, addresses the change in severity of punishment over time in various ways. First, Rusche and Kirchheimer’s framework implied that when the conditions within a penal institutions as well as imprisonment rates became harsher, society was in a time when the elite members of society were fighting against the working class to sustain their power. Further to explain, the changes in punishment should be looked at as a cyclical movement that alters itself as society changes. For example, when there is a change within the economic realm, such as fewer jobs available, the incarceration rate would grow and punishments were more severe in hopes of deterring the offender (Melossi, 2003). In addition, the severity and type of punishments that were used could also change due to an alteration with the political and cultural structure. These factors could work independently, or simultaneously to alter the severity in punishments. It was determined that during this cyclical movement there were peaks and low points. The peaks were considered to be tremendously important, due to the fact that there was significant prosperity during this time. However, as this prosperity ended, an economic turmoil was going to occur. Rusche and Kirchheimer believed that during this time of prosperity, there were battles taking place that occurred between the labor class and capital. Therefore, once this occurred the severity in punishment became less of as issue for society (Melossi, 2003). Further, Rusche was quoted in saying, “When most people who look for work can find it, the general social attitude is one of a good disposition even towards the lowest members of the working class” (Melossi, p.9, 2003). …show more content…
Throughout time the thought that offenders who committed a crime could be rehabilitated changed in a positive way, there was less use of severe punishment and more of a focus on rehabilitation ideals. This is not to say that the use of severe punishment disappeared. The extremely dangerous criminals were the ones that society deemed as a threat, and the less serious offender was looked at with hopes of change. When the serious criminals were within prison it was thought that conditions during this time needed to be at least decent. It was thought that if the offender could work while in prison to produce goods, then the prosperity outside the penal system would prosper (Melossi, 2003). During this cyclical movement, the thought of rehabilitation was forgotten when the thought of youth, women and even immigrants were brought into the picture. These transitions lead to conflicts between the upper and lower class individuals. The conflicts were ensuing because society did not have a tolerance anymore for individuals considered new-comers. Therefore, the unemployment rate would rise due to crime being associated with these different types of members in society. Researchers have looked into this cyclical movement and stated that the peaks of prosperity were during the 1870’s, 1920’s, and 1970’s. However, the low points within the movement occurred roughly in the 1850’s, 1895, and 1945 (Melossi, 2003). According to Gardner (1987), Rusche and Kirchheimer had a severity hypothesis which consisted of detailing that punishments grew more severe when the labor market was experiencing a surplus. Therefore, when a severe punishment is being used, this would be in correspondence with the economic state. The pressure on the profit motive was seen by Rusche and Kirchheimer to be the main driving force of the severity in punishment, as well as the rise in incarceration rates. During the 19th century Rusche and Kirchheimer noted that when …show more content…
There has been a tremendous amount of both criticisms as well as limitations presented in regards to Georg Rusche and Otto Kirchheimer’s indications and statements, especially within the text of, Punishment and Social Society. To first start out with the criticisms of the literature theorist Hogg (1979) presented within Gardner (1987) text, was that Rusche and Kirchheimer’s hypothesis was considered reductionism. To explain further, Hogg elaborates that Rusche and Kirchheimer actually placed more theoretical framework on the political/economical state than should have been. Hogg states that when viewing this literature, a standpoint on just a political-ideological viewpoint proposes a much stronger relationship between the incarceration rates as the predominant form of production (Gardner,