Episode 62: Theories of Punishment with Erin Kelly
Sep 7, 2023
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Erin Kelly, expert on theories of punishment and advocate for restorative justice, discusses the main theories of justification for punishment and challenges they face. She explores the shift from retributive to restorative justice, examines retributive and consequence-oriented theories of punishment, and suggests restorative justice as an alternative. The significance of listening to people's stories in clarifying ethical concerns is emphasized, along with the need to consider real-world society in approaching ethical problems.
Retributive theories argue that criminals deserve punishment proportionate to their wrongdoing, while non-retributive theories focus on harm reduction and goals like crime prevention and rehabilitation.
Restorative justice offers a transformative and healing approach to criminal wrongdoing, emphasizing accountability through reparative actions and addressing underlying problems of the punishment system.
Deep dives
Theories of Justification of Punishment and Challenges
Aaron Calle discusses theories of justification of punishment and the challenges faced by those theories. She highlights the distinction between retributive and consequence-oriented theories, explaining that retributive theories argue that criminal wrongdoers deserve punishment proportionate to their wrongdoing, while non-retributive theories focus on harm reduction and encompass goals like crime prevention, rehabilitation, and redress. Calle also emphasizes the need to address the broader social and institutional causes of criminal behavior and highlights the limitations of the criminal justice system in considering these factors.
Moving from Retributive to Restorative Justice
Calle explores the concept of restorative justice as a non-retributive alternative. She discusses how restorative justice emphasizes a conference between the responsible party (offender) and the impacted party (victim) to reach an agreement on reparative actions. Calle believes that restorative justice offers a more transformative and healing approach to addressing criminal wrongdoing. While acknowledging potential limitations and challenges, such as the confidential nature of restorative justice and the need for a larger approach that includes a public element, Calle underscores its value in promoting healing and addressing the underlying problems of the current punishment system.
Challenges and Alternatives to Retributive Blaming Practices
Calle critiques the retributive practices of blaming in the criminal justice system, arguing that they are emotionally appealing but fail to achieve justice. She highlights cases where punishment is seen as retributive blame, such as the death penalty. Calle suggests that restorative justice, with its focus on accountability through reparative action, offers a more just alternative. She shares examples from Rwanda, where restorative justice has been used to address extreme cases of violence and genocide, and emphasizes the potential for healing and reconciliation on both sides of the crime. Calle acknowledges the need for further exploration and an understanding of restorative justice's application to serious crimes and its integration with the larger concept of justice.
In this episode, we talk with Erin Kelly about the main theories of justification for punishment, as well as some challenges for those theories. We also ask her about her work on moving from retributive to restorative justice.