Which of the core penal rationales (retribution, rehabilitation, deterrence, incapacitation, and restoration) do you think is most justified and why?

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Prisons and Punishment

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Midterm Essay Questions

1. Which of the core penal rationales (retribution, rehabilitation, deterrence, incapacitation, and restoration) do you think is most justified and why? Use real-world examples to support your position.
2. Describe how the ‘modern prison’ came into being. To what extent is it an improvement on the methods of punishment that preceded it?
3. It is estimated that between 95% – 98% of criminal cases are decided through plea bargaining negotiations. How is this vast subsystem incentivized, in whose interests does it serve, and what are the implications for ‘justice’?
4. Racial disparities manifest at every stage of the criminal legal system. Focusing on one or more of the dimensions below, describe how this works and what it means for the lived experiences of minorities:

• Law enforcement
• Sentencing
• Punishment
• Re-entry

5. Why are supermax prisons considered necessary in the U.S.? How strong is the case in defence of these carceral arrangements?
6. What exactly does ‘penal privatization’ mean? In your view, what are its central ethical problems? Use examples to illustrate your arguments.