LS 170 Crime and Criminal Justice-- Study questions 2

LS 170 Crime and Criminal Justice-- Study questions 2 -...

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Unformatted text preview: Legal Studies 170- Crime and Criminal Justice Summer 2008 Prof. Richard Perry Stephen Galoob- GSI Crime and Criminal Justice Fall 2008 Professor Perry GSI- Stephen Galoob Study Questions II Foucault- Discipline and Punish, Part 1 In what ways does Foucault believe that his project differs from Durkheims? How are the two projects similar? Need more elaboration on this one ? Foucault describes the increasingly non-corporeal nature of the penal system. [16] What does this phrase mean? This phrase refers to the evolution of punishment from penal sanction against the body to penal sanction against the soul. No longer do we punish to hurt people, but to punish means to get to the soul. Which penal system(s) does Foucault propose to study? The traditional one. The older one ??? oen that relies on torture ? According to Foucault, what was the relationship between secrecy and penal truth in Classical France? Torture is part of a ceremony that reveals the truth of a crime. The trial is initially a hidden process. But a tradition of rules of evidence existed: there were different degrees of proof. Now these degrees relate to the juridical effects or the outcome of the trial. Penal investigation was written, secret and subject to rules. Why was the penal system of this time designed to elicit confessions? How did it achieve this task? How dos Foucaults analysis relate to Capturing the Friedmans ? A confession transforms an investigation from a process carried on against the criminal to a voluntary affirmation. The ambiguity of the confession explains the means used to obtain it: the oath and judicial torture....
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This note was uploaded on 08/03/2008 for the course LS 170 taught by Professor Perry during the Summer '08 term at University of California, Berkeley.

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LS 170 Crime and Criminal Justice-- Study questions 2 -...

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