Preview

Difference Between Retributive And Utilitarian Theory Of Punishment

Good Essays
Open Document
Open Document
325 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Difference Between Retributive And Utilitarian Theory Of Punishment
Capital punishment as known as death penalty, means someone who should be punished in his behavior. Of course, this punishment has been abolished in the United States.
Theory of punishment can be divided into two concepts: the Utilitarian and Retributive. Utilitarian theory of punishment to discourage criminal behaviors someone attempts to punish the perpetrators, or " shock and awe”, the future wrong behavior. Retribution theory attempts to punish the perpetrators because they should be punished.
According to the philosophy of utilitarianism, the law should be used to maximize the well being of society. Since crime and punishment is inconsistent with happiness, should be kept to a minimum. Utilitarian understand that a social crime that does
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Should Australia Re-Introduce Capitol Punishment?
    • 851 Words
    • 4 Pages

    Should Australia Re-Introduce Capitol Punishment?

    Capital punishment or the death penalty is a legal process whereby a person is put to death as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. Crimes that can result in a death penalty are known as capital crimes or capital offences. As of 2010, methods permitted for use include beheading, electric chair, gas chamber, hanging, lethal injection, and shooting.…

    • 851 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Persuasive Speech On Capital Punishment
    • 102 Words
    • 1 Page

    Persuasive Speech On Capital Punishment

    Capital punishment is the ultimate sentence administered by the government for committing dangerous offenses. The word “capital” derives from the Latin word “capitalis,” meaning “of the head.” Original instances of capital punishment included beheading and hanging, leading to the use of word “capital” today. Through history, communities have considered some types of crimes so terrifying that the death penalty has been enacted for them. Over time, changing moralistic values and notions on government authority have limited the number and sorts of crimes considered worthy of death. Many countries have eliminated capital punishment totally, dismissing it as an inhumane reaction to criminal…

    • 102 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Philosophy Of Sentencing
    • 851 Words
    • 4 Pages

    Philosophy Of Sentencing

    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,…

    • 851 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Arguments Against The Death Penalty
    • 365 Words
    • 2 Pages

    Arguments Against The Death Penalty

    Capital punishment is a punishment that results in death usually caused by capital crimes or capital offenses. It is commonly referred to as the death sentence. According to an article “Buzzle” not all countries accept capital punishment but there are still a lot of states who do (par.1). Capital punishment has been around for thousands of years, this punishment is said to have helped keep crime level down and alter the minds of future criminals to prevent them from committing atrocious crimes such as: murder, terrorism, and in some situations aggravated kidnapping.…

    • 365 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Sentencing Paper
    • 603 Words
    • 3 Pages

    Sentencing Paper

    Capital punishment is the death penalty. Capital punishment is the most extreme of all sentencing options (Schmalleger, 2011). Capital punishment is sentenced when someone comments a capital offense. In 2008, for example, a twenty eight year old man was sentenced to death in the atrocious murder of a ten year old girl in what authorities said was an elaborate plan to cannibalize the girls flesh (Schmalleger, 2011). Today, the federal government and 35 of the 50 states permit execution for first degree murder, kidnapping, aggravated rape, the murder of a police or corrections officer, or murder while under a life sentence (Schmalleger, 2011).…

    • 603 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Explain The Four Purposes Of Punishment
    • 903 Words
    • 4 Pages

    Explain The Four Purposes Of Punishment

    The four main purposes of punishment in the criminal justice system are: Deterrence - this is something intended to discourage someone from commiting a crime through instilling fear as to the consequences for their actions. There are two types of deterrence - specific deterrence and general deterrence. Retribution - its purpose of punishment is to administer justice - a deserved or morally right consequence to the offender that committed the crime. Rehabilitation - this punishment aims to reform an offender’s behaviour from reoccurring and prevent recidivism. This is achieved by conducting sentencing options and programs including anger management courses, alcohol programs as well as drug rehabilitation and counselling programs.…

    • 903 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Death Penalty Research Paper
    • 1951 Words
    • 8 Pages

    Death Penalty Research Paper

    Capital punishment is the penalty of a capital offense resulting in death. Thirty-eight states currently support the death penalty. Human beings have always felt a need to punish those who did wrong and scare those who thought of doing wrong. Capital punishment has evolved over the years due to a never-ending search for a "humane" way to kill: from public hangings, gas chambers, electric chairs, shooting by firing squads, and finally the now leading form of execution- lethal injection (Gerber and Johnson 1-19).…

    • 1951 Words
    • 8 Pages
    Good Essays
    Read More
  • Good Essays

    Capital Punishment In The United States
    • 880 Words
    • 4 Pages

    Capital Punishment In The United States

    Capital Punishment, legal infliction of death as a penalty for violating criminal law. Methods of execution have included such practices as crucifixion, stoning, drowning, burning at the stake, impaling, and beheading. Today capital punishment is typically accomplished by lethal gas or injection, electrocution, hanging, or shooting.…

    • 880 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Feinberg's Theory of Punishment
    • 859 Words
    • 3 Pages

    Feinberg's Theory of Punishment

    The main idea of punishment using the idea of utilitarianism is that punishment should be created solely for the reason of deterrence. There are two different levels of deterrence, and they are specific…

    • 859 Words
    • 3 Pages
    Better Essays
    Read More
  • Good Essays

    Theories Of Justice: Utilitarianism, Retribution And Restitution
    • 176 Words
    • 1 Page

    Theories Of Justice: Utilitarianism, Retribution And Restitution

    Aristotle once said, “It is in justice that the ordering of society is centered”. In our society there are theories of justice, which is Retribution, Utilitarianism and Restitution. These forms have similarities and differences and are use in many different social groups every day.…

    • 176 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    Should Death Penalty Be Abolished In Australia Essay
    • 1506 Words
    • 7 Pages

    Should Death Penalty Be Abolished In Australia Essay

    A legal process by which a person is given death penalty or death sentence or to say a person is made to die by way of punishment for the wrong or the crime done by him is called capital crime and the punishment given is called capital punishment. The death penalty should be abolished as every individual has a right to his or her life.…

    • 1506 Words
    • 7 Pages
    Good Essays
    Read More
  • Good Essays

    Retribution Vs Incarceration
    • 856 Words
    • 4 Pages

    Retribution Vs Incarceration

    Retribution is defined as,“ the punishment that satisfies the needs of both society and the victim”(Riolearn,2016). For example, a serial killer does not have the mental capability to be reintegrated into society. Therefore, re-introducing the serial killer into the world has a negative effect on citizens and threatens their safety. Retribution, in this case, would possibly be the death penalty because they would never have the chance to harm society and allow those affected to heal. Furthermore, those who impose the sentence gratify their needs for justice.…

    • 856 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Utilitarianism In Criminal Justice
    • 254 Words
    • 2 Pages

    Utilitarianism In Criminal Justice

    According to Shea (17) the utilitarian model of decision making process is similar to the concept of majority rule whereby each group members has the right to vote. This idea can be an indication that the majority of people can decide to vote against what is ‘deserved’ provided that their decision maximizes happiness and minimizes suffering. As such, when the preferences of a moral system chooses utilitarianism that endeavors to maximize utility usually less suffering and more happiness, could cause the unjust treatment of weak and voiceless people in the society for the sake of general happiness as a result of majority rule that ignores the minority. Therefore, the concepts of utilitarianism and justice are countercurrent to each other and utilitarianism cannot accommodate the concept of justice…

    • 254 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Urban Violence In America Essay
    • 2208 Words
    • 9 Pages

    Urban Violence In America Essay

    Capital punishment is the extreme penalty for crime for violators of government laws. Execution of criminals for a great variety of offenses has been carried out by such methods as drowning, stoning, hanging, and beheading. Modern executions are usually done by means of electrocution, the gas chamber, or a lethal injection of a drug. Hanging is still used in some places, as is an execution by firing squad (but mostly in other…

    • 2208 Words
    • 9 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    Justification of Punishment
    • 1116 Words
    • 5 Pages

    Justification of Punishment

    Justification of Punishment 1 Justification of Punishment Sociology 120 Derek Goodson April 7, 2009 Justification of Punishment 2 There are four different types of punishment that have been put in place over the years in order to deter crime in society; these four types are retribution, deterrence, rehabilitation, and societal protection. These four different types of punishment have raised many questions in today’s society. The changes in today’s society have brought into question the effectiveness of each one of these types of punishment and whether or not they are effective in the way that they were initially put into place for. We will examine each type of punishment in order to see which one is the most effective in deterring crime in today’s society. We will also take this chance to decide if these punishments actually provide any benefits to either the criminals that they are put in place for or for society whom these punishments are put in place to protect. The first justificationof punishment that we will discuss is that of retribution. Retribution is the moral vengeance to satisfy a society’s need of an offender to suffer as much suffering as they have caused. Retribution is the oldest type of punishment that has been used in society. Retribution dates back to the beginning of punishment in modern society. Retribution was designed to give society moral closer for a person’s actions. Ultimately, retribution is the closest justification of punishment to the old saying in the bible “eye for an eye and tooth for a tooth”. The second justification of punishment is deterrence. Deterrence is an attempt to discourage the act of crime by the use of punishment. Deterrence is a form of punishment that uses examples of different punishments that have been used in the past in order to keep someone from committing a criminal act. This justification is based on the fact that when someone sees what could happen to them if they commit a crime that it will keep…

    • 1116 Words
    • 5 Pages
    Powerful Essays
    Read More

Related Topics