Punishment in Education

-- By SarahShaikh - 22 Feb 2024

After our discussion on the first day of class on theories of punishment and if punishment in the United States truly serves its supposed deterring function, I found myself conflicted. On one hand, I agree that punishment will never deter absolutely everyone. Does that mean it must in order to be effective? Is it enough that it deters somewhat? On the other hand, in a world with no punishment, I empathize with a victim who perhaps sees her abuser free in the world. These are all questions I still do not have an answer for, but our discussion in class turned my attention to punishment in another setting, one every one of us was familiar with - the classroom. Here, the theories of punishment create a singularly illuminating view of punishment in schools.

Background

Inequality in Discipline

To begin this conversation, it is important to note that punishment in schools is highly discriminatory. Beginning in preschool, Black boys are overrepresented in discipline. They make up 50% of the preschoolers being expelled, yet are only 20% of children enrolled. Statistics on Expulsion This persists in high school. Black students, especially Black boys, are consistently overrepresented in every category of discipline: corporal punishment, referrals to law enforcement, school-related arrests, and suspensions/expulsions. Dept of Education Data While these statistics are certainly not surprising, they are necessary to have in our minds to truly understand how the effects of punishment play out.

The Effects of Discipline

Discipline is natural and certainly needed in such formative years, however there must be a clear delineation between discipline meant to guide and punishment. Yet, the line becomes blurry when common forms of discipline in school, suspensions and expulsions, are convoluted.

First, I believe that, in opposition to the view many of us may have, suspensions and other forms of exclusion should not be taken lightly. School suspensions do not simply mean not being able to attend school for a few days. Not being present in the classroom means not being there when a teacher begins a new unit or being in a setting meant to develop your brain. This may at first simply result in poorer performance in school. The longer effects might be lower grades, SAT performance, all of which influences college admissions, perhaps influencing one’s economic status the rest of their lives. Caste and Control in Schools

Putting aside the academic consequences, the persistent force of punishment in schools leads to something much worse, incarceration.The school to prison pipeline is not a new phenomenon and has been studied at great lengths. Welsh and Little highlight how school exclusions result in a multitude of life-changing negative consequences like lower attendance rates, severe effects on mental health, juvenile detentions, arrests, and eventually prison sentences. Caste and Control in Schools These forms of exclusion have long lasting effects and yet are doled out without any thought.

Our class discussion on the incarceration system and prisons in America must again be highlighted here to shed some light on just how gross and impactful discipline in education can become. Referring back to the disparate rates of school exclusions for certain demographics like Black students highlights how phenomena like the school to prison pipeline only serve to further the deep racial lines of this country. School to Prison Pipeline

What is the Purpose Then?

The effects of suspensions and expulsions begs the question: what is the purpose of them? If discipline is meant to better a student’s involvement in school, can this be accomplished by taking them out of the classroom. As law students, our class discussions tend to ignore the actual effects or purposes of a law. Lending from the leading theories of punishment, I find it difficult to picture a theory that represents the actual effects of school exclusion.

Moore’s ideas of retribution, that a just society must punish because the offender deserves it, does not track many intuitions. First, do children’s actions in preschools deserve punishment? Personally, it is hard to believe that children have the capacity to connect their actions to their punishments or even that if they do, this is the form of discipline that is most effective. Further, Welsh and Little find that students will receive the same punishment for both low and high level offenses, showcasing that the theory of retribution cannot truly be the reason for punishment in school. If it were, the level of punishment should correlate to the level of offense. How can assault or bullying be the same as tardiness. Caste and Control in Schools

A utilitarian theory of punishment is perhaps even more confusing in this context. Surely, a student or society cannot improve through school exclusions when we consider the previously mentioned effects, mainly the school to prison pipeline. In fact, many leading thinkers have deemed school exclusions to be a key, negative turning point. School Exclusion and Incarceration The goal of utilitarianism is that society is improved through punishment, yet the reality of school exclusions tell an opposite story – that school exclusion makes it harder for students to succeed.

What Can I Learn From This?

The past months on campus display how quick administration is to devalue academia. Sadly, this is nothing new. Appointed police officers at schools starting from elementary, metal detectors, clear bag policies, and police dogs are now the new norm for our students. This is the reality of education - punishments that make no sense and installing a military operation in schools over academics. How can we say students now are lazy or don't want to learn when this is our world? I often forget to connect the world we live in to my law school classes and I appreciate that I was able to think this through in this essay. I never questioned policies like these, they simply existed and I assumed there was a reason for them. I found many connections between education and incarceration, connections I hope I can continue making in other classes and in my own life.

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