CJ3Book Review The body of the Condemned Essay Example | Topics and Well Written Essays - 1500 words

CJ3Book Review The body of the Condemned - Essay Example But they each define a certain penal style.† (Foucault, 1995, p. 7) Foucault points out that modern forms of punishment are, thankfully, not carried out in the same spirit or with the same purpose. Many legal reforms were instituted between the old world of executions and torture and the new world of prisons and labour camps, the main difference being that what used to be a public spectacle became, over time, a regimented process, more bureaucratic than anything else, that is carried out behind high walls and locked doors. For Foucault what is significant about this change is that the punishment is no longer something visibly displayed, and it no longer focuses so sharply on the human body of the convicted person. Foucault concedes that penalties such as imprisonment, forced labour, deportation and the like do also affect the human body but they do so indirectly: â€Å"The body now serves as an instrument or intermediary†¦physical pain, the pain of the body itself, is no longer the constituent element of the penalty.† (Foucault: 1995, p. 11) He observes that a whole army of â€Å"technicians† are now involved in the penal side of the criminal justice system, and one need only think of the modern prison to realise that he is right. Warders, chaplains, social workers, educators, even doctors and psychologists all participate in the process. In states and in periods where in states where the death penalty is or was permitted, there is also an increasing presence of technicians in the process. The methods chosen for death have veered away from elements of spectacle and torture and have become swifter, for example the guillotine in France, the hangman’s noose in England and the lethal injection in America. Technical experts accompany the convicted person right up to the moment of execution. Drugs are used to dull the sensations of inmates, and also to make sure that executions are free of physical pain. Foucault calls this a kind of d isconnection which makes the penalties non-corporeal and therefore distanced from the physical being of the person. Punishment in this way becomes, for Foucault something abstract, with only the most fleeting actual contact with the body of the victim. If modern punishment systems do not target the prisoner’s body any more, then the question of what exactly it does target then arises. Foucault suggests: â€Å"The expiation that once rained down upon the body must be replaced by a punishment that acts in depth on the heart, the thoughts, the will, the inclinations† (Foucault: 1995, p. 16) Some people might refer to this as the soul of the person, and cite moral or religious beliefs to underpin this view, but Foucault looks instead at the way attention has shifted away from the past crime that has been committed, and towards the person who has committed the crime and now deserves some kind of punishment. There is in modern criminal justice systems a belief that punishmen t can be used to change a person’s behaviour for the better, and perhaps even influence his nature and personality in a positive way. This can be done in a way that suppresses part of the person’s personality. Foucault also observes a modern fascination in the causes of crime, by which he means all the circumstances which surround it, including the background of the criminal and all the various factors which contributed to his committing the crime. This is a very important point, because it brings Foucault to make a serious judgement about modern