“Punishment, a necessary evil, is sometimes required to deter law violators from repeating their crime and to serve as an example to others who would also violate the law.” (Schmalleger. 2011. P.81)…
Boonin’s view on punishment is simple, it is an intentional harm done to the individual that has violated the law. Throughout his work, he debunks the different philosophical theories to defend state inflicted punishment, and he reaches the conclusion that it is both impermissible and immoral. From this point Boonin takes on the moral argument that the only power the state should have involving justice is by forcing a system of pure restitution (215). The concept of restitution raises a wide array of…
As previously mentioned, if the punishment is not harsh enough the result is repeated offense. If a criminal relishes in committing a crime and the court system does not properly punish them for it, then they actually have no reason not to repeat the crime over again. The National Institute of Justice, part of the U.S department of Justice, studied how likely criminals are to relapse after being released, claiming that “Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested” (Durose, Cooper, and Howard). This statistic proves that there is a significant chance that a criminal will indeed carry out the same action as before. The most significant way that an offender is punished is through what…
In The Ultimate Punishment, Van Den Haag talks about the death penalty in the United States and takes the stance that it is morally justifiable and sometimes needs to be a punishment that is used to gain retribution. He states, “It ends the existence of those punished, instead of temporarily imprisoning them.” A murderer has taken away the lives of other people, as well as punishing the family members indirectly causing them pain. Therefore not only is this retribution to the person who was killed, but also to the people that the victim was survived by.…
While proposition 47 reduces many drug related felonies to misdemeanors this may help whites being released from prison as incarceration even for a misdemeanor can have long reaching stratifying effects for Blacks and Hispanics when it comes to jobs, housing and other resources. Which leads to higher recidivism rates for blacks and Latino as the stigma of incarceration adversely impact their life chances chance as they find it hard to rebuild relationships with loved one or find support services once released from prison. Studies have shown black and white felons sent on the interviews with the same, resume information and Felony convictions yielded better results for receive call backs for or a job, while blacks with the no call back s our job.…
Rehabilitation over Punishment, why one is better or more effective than the other, in order to answer this questions one must understand what each means. Punishment is a consequence of doing something that is unacceptable, it is meant to be unpleasant, the problem with punishment is it does nothing to address the social or mental processes that maybe contributing to delinquency, nor does it address why an individual commits the unacceptable act(assosiated content, n.d.).…
Punishment is required for justice to be served. You have to do the time if you decide to commit the crime. Our society defines justice as a means of a victim seeking out the harshest punishment for their offenders. However, this often leaves the victim feeling empty and unsatisfied after getting what they sought out. Punishment of a criminal does not address the other needs that a victim has. It is only one step in the recovery process. Punishment cannot restore a victims loss, answer questions that they may have, take away their fears, or help them to make sense of what has happened to them. It also does not help to heal the emotional wounds for the victim either.…
a general system of punishment, the punishment of specific persons, and the specific type (and amount) of punishment to be imposed in a given scenario (Duff). With respect to the first component, which he called the “general justifying aim” of the system of punishment (Duff), there are several purposes for instituting a penal system; the most common of which are general deterrence, specific deterrence, incarceration/incapacitation, rehabilitation, and retribution. While it is easy to see how each of these can be beneficial and justify the general punishment system in the abstract, upon closer examination the existence of multiple underlying justifications…
Punishment helps lead to an avoidance of the bad behaviors. It isn't being done in a revengeful kind of way, we do it so hopefully those actions never happen again. The other side says that rehabilitation decreases crime rates but that is false. There is little evidence that it even works at all.…
Let’s first begin with what punishment means. Punishment is the infliction or imposition of a penalty as retribution for an offense. While completing my research I was able to stumble across two definitions that caught my attention. The general definition for punishment is “aversive stimulus that follows an undesirable behavior, and is intended to decrease or eliminate the occurrence of that behavior. It may be triggered either due to the performance of an undesirable act (negligence) or the non-performance of a desirable act (disobedience). Punishments take the form of presentation of an unpleasant stimulus (criticism or warning) or withdrawal of a pleasant one (employment or promotion). Threat of punishment usually also constitutes a punishment”. The definition of punishment pertaining to the law is “Confinement, fine, penalty, sanction, or loss of a privilege, property, or right, assessed and administered as deterrence or retribution by an authorized court to an entity duly convicted of violating the law of the land”. [ (Buisness Dictionary, 2013) ] Punishments must be adequate match the reasons why the crimes were committed. History shows that Cesare Beccarua who was an Italian theorist, first suggested linking crime causation to punishments in the eighteenth century. He is known as the founder of the Classical School of criminology. The classical School is the theory linking crime causation to punishment, based on offenders’ free will and…
The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…
Citizens are being arrested every single day for an unlimited variety of reasons. The reason can be anything from abuse of a family member, robbery, drug possession, or murder. The criminal system has four ways to justify punishment. Retribution, deterrence, rehabilitation, and social protection are ways in which punishment is justified. Each of the four has its own style of punishment together with its own pros and cons for each Citizen.…
The ideas of punishment from the post enlightenment era, such as, vengeance, humiliation, and retaliation to deter the criminal and other members of society, from further criminal activity would best serve purpose as punishment for type one crimes that are planned and carried out. Crimes that are committed with malice such as burglary and first-degree murder are intentional crimes. These crimes require planning, violent acts, and harm to another. In my opinion, the severe punishment of the post enlightenment era would deter these crimes from happening, due to fear of severe and inhumane punishment. Crimes such as assault (type two) happen in the heat of the moment and are most likely reoccurring no matter what the punishment is.…
A tradeoff for option one, the termination of mandatory sentencing for minor offenses, convey a problematic idea. Giving these minor wrongdoers the inappropriate perception by committing a minor misconduct there won't be any aftermath. As concurred by Evan Bernick and Paul J. Larkin, Jr. (2014), “they argue that mandatory minimum sentences reflect a societal judgment that certain offenses demand a specified minimum sanction and thereby ensure that anyone who commits such a crime cannot avoid a just punishment”. Secondly elimination of mandatory sentencing rejects the idea of sentencing disparity, as agreed by Evan Bernick and Paul J. Larkin, Jr. (2014), “mandatory minimum…
When asked this question the first thing I thought of was the four justification of punishment in our text book. Which is Retribution The oldest justification for punishment? Punishment is society’s revenge for a moral wrong. In principle, punishment should be equal in severity to the deviance itself; deterrence an early modern approach. Deviance is considered social disruption, which society acts to control. People are viewed as rational and self-interested; deterrence works because the pain of punishment outweighs the pleasure of deviance. Rehabilitation a modern strategy linked to the development of social sciences. Deviance is viewed as the result of social problems (such as poverty) or personal problems (such as mental illness). Social conditions are improved; treatment is tailored to the offender’s condition. Societal protection is a modern approach easier to carry out than rehabilitation. If society is unable or unwilling to rehabilitate offenders or reform social conditions, people are protected by the imprisonment or execution of the offender. Currently, 2 million people are imprisoned in the United States. In response to tougher public attitudes and an increasing number of drug-related arrests, the U.S. prison population has tripled since 1980. The size of the inmate population is going up in most other high-income nations as well. Yet the United States imprisons a larger share of its population…