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…
Utilitarianism theories hold that the moral worth of actions or practices is determined by their consequences. An action or practice is right if it leads to the best possible balance of good consequences over bad consequences for all affected parties. (Arnold, pp 17)…
Secondly the Nurse plays too many critical events in Juliet's life, she acts like mother, nurse and servant to Juliet, due to her mother not being around during her life and acting like a true mother, and Juliet has learnt to trust in the nurse. "Go, girl, seek happy nights to happy days. " The quote was said by the Nurse to Juliet, and it meant for Juliet to follow her heart and look for her love which is Romeo in this case, and this end in Juliet trusting her and always asking her for advice, and she relies on her to help her through tough situations like this one. AUDIENCE When Nurse spotted Juliet's secret between her and Romeo, she encouraged her to take a step onward, and the Nurse was rushing through the process of their relationship,even…
Should rehabilitation be valued over retribution in the United States criminal justice system? This is a very subjective question which calls for opinions and doubts. Retribution operates under the belief that the criminal cannot be reformed or rehabilitated and that the punishment serves the purpose so that the criminal will not want to commit the crime again or in the first place. However, that does not always work. There will be no deterrent effect if the public considers the punishment to be discrimination or persecution. Rehabilitation should be most definitely be valued over retribution in the United States criminal justice system at least…
A few years before this, many incidents occurred which prodded colonists to rise up against the tyrannical British Parliament, one of such events was the event known as the Boston Massacre. This event occurred on March 5, 1770. A squad of British soldiers, come to support a sentry who was being pressed by a heckling, snowballing crowd, let loose a volley of shots. Three persons were killed immediately and two died later of their wounds. The British officer in charge, Capt. Thomas Preston was arrested for manslaughter, along with eight of his men; all were later acquitted. This horrendous event assisted in unifying the colonies with one goal: to end the tyrannical reign of the British Parliament and its violation of basic, essential human rights that no man, government, or group had any right to infringe upon. The Boston Massacre sparked the colonists’ desire for independence for all Americans. This desire was the main factor in the birth of the American Revolutionary War, and subsequently the United States of America.…
The Truman Show and Plato’s “Allegory of the Cave” both provide a great example of what humans perceive as truth and reality. They portray the fact that humans assume that wherever they find themselves presently is the real world regardless of their lives only being as it presents to them. The Truman Show introduces the film’s protagonist, Truman Burbank, as a man trapped in a alternate reality he perceives as his actual reality. The Allegory of the Cave is a symbol for the contrasts between ideas and what humans perceive as reality.…
10. What are the 4 utilitarian justifications for punishment? Deterrence, incapacitation and rehabilitation and specific deterrence…
We as humans may think that the punishment toward the criminal may fit the crime that they created. Principle laws, a society ultimately degenerates into despotism--the rule of the strong and violent over the weak and nonviolent. Harm Principle laws are essential, and every government on Earth has them. Some laws are based not strictly on harm or self-harm concerns, but also on promoting the personal morality of the law 's authors (Head, 2014). On a law standpoint, it is wrong to commit a crime against anyone regardless of their circumstances.…
Criminal sentencing in America has long been guided by one of several different major philosophies of punishment, including retribution, deterrence, incapacitation, and rehabilitation (Spohn, 2000). Retributive sentences involve punishments intended to exact revenge, in line with the biblical idea of “an eye for an eye.” This is based on the belief that some behaviors are unconditionally wrong and therefore justified of punishment. From this perspective, sentences should be equal with the harm done to society. Deterrence, on the other hand, involves a more practical basis for sentencing. It is based on the concept that crime is easily chosen as the result of a rational cost-benefit examination. Individuals will engage in crime when the benefits…
The relationship between America's overall integrity or moral versus the extent of punishment on crime in America remains vague. Therefore, Americas ethical and moral principles and how they reflect the severeness of crime retribution in our country varies. If one was to consider the incarceration rate on minorities then it is undeniably arguable that America's morals are greatly reflective on our idea of rightful punishment on specific violations. However, if one was to financially consider how our morals reflect our degree of discipline on specific violations, a potentially contradictory argument is provoked.…
In the 1700’s before there were correctional systems to incarcerate offenders, people were brutally beaten as a punishment until they became a little more humane and started putting them in jail to serve time as a punishment. In the early 1800’s the first real prison in the United States was available to put offenders away, this prison was called Philadelphia’s walnut street jail and this prison was viewed as the perfect opportunity for offenders to think about the crimes that they have committed and admit to what they have done. In the Mid 1800’s the Cherry Hill penitentiary was opened and this prison was said to be humane and gave the inmates the opportunity for rehabilitation.…
The four fundamental philosophies surrounding the purpose of sentencing are; retribution, this philosophy is the belief that those who commit criminal acts should be punished according to the seriousness of the crime and that no other circumstances are considered, deterrence, this strategy is the thought that if the punishment given is severe enough that it will stop the potential criminal from committing the crime or to be a repeat offender. Incapacitate is the third philosophy that is a belief that if the criminal is detained for a crime, thereby being separated from the community reduces the criminal activity and once released will not be as likely to be a repeat offender. Rehabilitation is the fourth and final philosophy that surrounds the purpose of sentencing, some believe that society is best served when those who break the law are not simply punished but are provided with resources needed to eliminate the need or want to engage in criminal…
In the purpose of sentencing, there are four fundamental philosophies. Those are retribution, deterrence, incapacitation, and rehabilitation. Retribution is the philosophy…
Action was made by the conservatives due to lack of response from the liberals and a demand for more patrol officers, stricter sentences and an increase in executions. Even though the Liberals were opposed to the idea of the harsh reality of penalty by death and the courts ruling in the mid 1970s that briefly dismissed it, eventually Capital Punishment became the resolve to protecting society against criminals. Zoll argues that it comes down to three significant factors that support the act of Capital Punishment; Deterrent argument, Retaliation Argument and Moral Indignation Argument. In contrast, the liberal punishment model emphasizes the rights of the accused, humane (not "cruel and unusual") punishment, and rehabilitation of those convicted of a crime. Conservatives and rightists belittle this model as "soft on crime." Liberals would argue that capital punishment is simply state sponsored and funded government murder. Liberals would further state that the killing of prisoners by Capital Punishment removes any chance of rehab and bettering our society. They believe the US spends more money on killing, the appeals, and keeping them housed in death row cells than we do keeping them alive. In the United States, the two opposing models compete in the realms of culture and public policy. For most of U.S. history, the harsher punishment model has been so dominant that it is part of their international image. They are the country where they "hang 'em high." Only in an exceptional period does the principle and practice of redemption gain the upper hand. While the liberal, humanistic vision of human nature is that people are basically good, but are made bad by oppressive poverty, abuse, addiction, racism, and/or lack of opportunity, the Right's view is that people are bad by nature. Though it proved to be thought provoking to…