Public Defenseless 68: Why do we Punish People? w/Kaelen Perrochet
Why do we punish people? What are the goals of punishment and the legal system? At some point in time, we stopped asking ourselves these questions and it led to a legal system that is disjointed, inconsistent, and unnecessarily cruel.
Today, Hunter spoke with Kaelen Perrochet, a Law Student at UCLA Law School, to dig through some of the philosophical underpinnings of any criminal legal system.
For many, people will say that we punish people because it is what they deserve, but what should our legal system look like if that were the actual justification for punishment? For others, we punish people to deter others from committing crimes, but does punishment deter anyone? Rehabilitation and restoration sound good, but can they functionally create a consistent system that people are willing to accept as being legitimate?
All these questions and more will be explored in this awesome episode about the purposes of punishment!
Guest:
Kaelen Perrochet, Law Student, UCLA Law School
Key Topics:
- Why study the Philosophy of Law and Punishment [5:30]
- What changed through studying these topics [8:30]
- Retribution theory [11:05]
- Deterrence Theory [16:00]
- Rehabilitation Theory [20:00]
- Restorative Theory [23:00]
- Issues with Prosecutors under various theories [26:45]
- Where has restorative and rehabilitative models been used? [29:35]
- Is punishment necessary? [33:00]
- Does incarceration make us safer? [38:00]
- Other theories [41:46]
- Felon Disenfranchisement and its impacts [45:45]
- What do each of these theories look like when taken to their logical conclusions? [54:30]
Resources:
Punishment and Inclusion by Andrew Dilts
https://www.amazon.com/Punishment-Inclusion-Membership-American-Liberalism/dp/0823262421
Punishment by Thom Brooks
https://www.amazon.com/Punishment-Thom-Brooks/dp/0415431824
Philosophy of Law: A Very Short Introduction (Very Short Introductions) by Raymond Wacks
https://www.amazon.com/Philosophy-Law-Short-Introduction-Introductions/dp/0199687005
Contact Hunter Parnell:
hwparnell@publicdefenseless.com
@PublicDefenselessPodcast
@PDefenselessPod