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9 Queensland U. Tech. L. & Just. J. 13 (2009)
Punitive Criminal Justice and Policy in Contemporary Society

handle is hein.journals/qutlj9 and id is 15 raw text is: PUNITIVE CRIMINAL JUSTICE AND POLICY IN CONTEMPORARY SOCIETY STEPHEN MONTEROSSO' This paper examines the influence of so-called popular punitivism on contemporary society. Concerted efforts by policy makers have, in recent times, promoted the use of punitive criminal justice methods and rhetoric to maintain a castigatory sentiment amongst the public. This has lead to the acceptance that crime and anti social behaviour are more effectively controlled by harsh and authoritarian measures. Central to this rise in punitive sentiment and attacks on social deviants known as the 'other' is the use of media and other agencies to legitimize and encourage a sensationalized fear of crime which owes more to imagery and emotive elements than criminological research. The question of whether this political and media manipulation of criminal policy has resulted in a more punitive society is not without difficulty however. Despite this punitive political and media driven focus a number of important factors need to be addressed in order to better understand punitivism in contemporary society. I INTRODUCTION Popular punitivism remains a contentious issue amongst criminologists, academics and other experts. It can be defined as the interplay in late modem society between the media, public opinion and politicians that generates a backdrop to the formulation and implementation of both criminal justice and penal policy.2 Freiberg3 suggests that popular punitivism allows politicians to effectively draw from and shape public opinion, which in turn enables power maintenance and vote buying. Garland contends that popular punitiveness has progressed to become a deep seated aspect of modem culture that is embedded within the consciousness of the public, police and judiciary alike. Punishment (at least in an expressive sense) has once again become highly fashionable and is embraced warmly by the public who now are more angered and resentful. Fear of crime has effectively become a problem 'in and of itself and the resultant government BCom, PGradDip (Curtin), MCrimJust (WAust). Lecturer in the School of Business Law & Taxation, Curtin University, Perth. The author is grateful for the comments and suggestions provided by the anonymous reviewer in the preparation of this paper. 2 T Thomas, 'When Public Protection becomes Punishment? The UK Use of Civil Measures to Contain the Sex Offender' (2004) 2 European Journal of Criminal Policy and Research 338. 3 A Freiberg, 'Affective Versus Effective Justice: Instrumentalism and Emotionalism in Criminal Justice' (2001) 3(2) Punishment & Society 265, 270. 4 D Garland, 'The Limits of Sovereign Power, Strategies of Crime Control in Contemporary Society' (1996) 36(4) British Journal of Criminology 445,460.

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