What Is The Utilitarian Theory Of Punishment
The underlying principle of utilitarian theory is it seeks to punish offenders to discourage or deter future unlawful activity. However, the retributive theory seeks to punish offenders because they deserve to be punished (Net Industries, 2014). The utilitarian theory recognizes that punishment has penalties for both the offender and society. It holds that the total good created by the punishment should go beyond the entirety of evil; meaning punishment should not be unlimited. For example, releasing of an inmate who has a debilitating illness is considered consequentialism in punishment. And, if the inmate’s death is forth coming then society is not served by the inmates continued incarceration because he or she is no longer able to commit
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crimes). The counterpart to utilitarian theory of punishment is the retributive theory. With this theory, offenders are punished for their criminal activities, as they deserve to be punished. Criminal activity upsets the peaceful balance of society, and punishment helps to restore the balance. Retributive theory focal point is on the crime itself as the reason for imposing punishment. Utilitarian theory looks forward by basing punishment on social benefits and the retributive theory looks backward at the wrong doing as the basis of punishment (Net Industries, 2014). I prefer the utilitarian theory because I believe that the punishment should be designed to make the offender not want to commit the same crime as second time. And, if offenders are deterred from committing crimes then both the offender and society wins.
Of all punishments, prison is possibly the most multifaceted.
This is because an inmate’s material possession is affected. The inmate may lose his job or livelihood; spend his life saving, and have his total lifetime earning capacity affected while incarcerated. Even the prisoner’s body can be affected because of being under the control of others and little freedom exists. And being incarcerated can also result in physical harm from other inmates, correctional officers, illnesses, or injuries left unattended. And, prison attacks the mind by attempts at reorganization and through the mental corrosion that occur, prison is a negative environment. But some believe that prison attacks the soul the most. It acts on the heart, the thoughts the will and the inclinations of prisoners (Pollock, n.d.). Prison in my opinion is a place that is meant to have an affect on the offender in one way or another. It is meant to make the offender aware that his wrong doing is not acceptable and prison as punishment is the consequence. I believe in prison as a punishment because there has to be a way to keep law abiding citizens safe and people who do not abide by society rules have to know that they will be punished.
I believe restorative justice can do both good and can cause harm to the victims. For instance, the victim can have the chance to tell his or her story however, the victim can feel as though he or she is being victimized all over again. I know the objective of restorative justice is
to repair any harm caused by the offender but I do not believe that restorative justice is suitable for all types of crimes let’s say rape for instance. This can in my opinion can be more devastating to the victim and can cause the incident to play over and over for the victim. The Bentham Project plan is create a new scholarly edition of works and correspondence of Jeremy Bentham, the prominent jurist, theorist, and social scientist, whom was described by A.J.P. Taylor as the most alarming reasoner who ever applied his contributions to the realistic questions of administration and politics. Jeremy Bentham was an English philosopher who at a young age dreamed of a founding set of philosophers called utilitarians, lived to make his dream a reality. Some of the interesting aspects of the Bentham Project were formulating the proper systems of government, law, equality and minimizing and maximizing pain. (University College London, 2014). These highlights of the Bentham Project are important because we were now able to understand the way writers of the 19th century changed their views of criminal laws as primarily for punishment from the earlier 18th century and also the project exemplified how criminal law and correctional policies respond to social changes as they evolved (Thomas, n.d.).
crimes). The counterpart to utilitarian theory of punishment is the retributive theory. With this theory, offenders are punished for their criminal activities, as they deserve to be punished. Criminal activity upsets the peaceful balance of society, and punishment helps to restore the balance. Retributive theory focal point is on the crime itself as the reason for imposing punishment. Utilitarian theory looks forward by basing punishment on social benefits and the retributive theory looks backward at the wrong doing as the basis of punishment (Net Industries, 2014). I prefer the utilitarian theory because I believe that the punishment should be designed to make the offender not want to commit the same crime as second time. And, if offenders are deterred from committing crimes then both the offender and society wins.
Of all punishments, prison is possibly the most multifaceted.
This is because an inmate’s material possession is affected. The inmate may lose his job or livelihood; spend his life saving, and have his total lifetime earning capacity affected while incarcerated. Even the prisoner’s body can be affected because of being under the control of others and little freedom exists. And being incarcerated can also result in physical harm from other inmates, correctional officers, illnesses, or injuries left unattended. And, prison attacks the mind by attempts at reorganization and through the mental corrosion that occur, prison is a negative environment. But some believe that prison attacks the soul the most. It acts on the heart, the thoughts the will and the inclinations of prisoners (Pollock, n.d.). Prison in my opinion is a place that is meant to have an affect on the offender in one way or another. It is meant to make the offender aware that his wrong doing is not acceptable and prison as punishment is the consequence. I believe in prison as a punishment because there has to be a way to keep law abiding citizens safe and people who do not abide by society rules have to know that they will be punished.
I believe restorative justice can do both good and can cause harm to the victims. For instance, the victim can have the chance to tell his or her story however, the victim can feel as though he or she is being victimized all over again. I know the objective of restorative justice is
to repair any harm caused by the offender but I do not believe that restorative justice is suitable for all types of crimes let’s say rape for instance. This can in my opinion can be more devastating to the victim and can cause the incident to play over and over for the victim. The Bentham Project plan is create a new scholarly edition of works and correspondence of Jeremy Bentham, the prominent jurist, theorist, and social scientist, whom was described by A.J.P. Taylor as the most alarming reasoner who ever applied his contributions to the realistic questions of administration and politics. Jeremy Bentham was an English philosopher who at a young age dreamed of a founding set of philosophers called utilitarians, lived to make his dream a reality. Some of the interesting aspects of the Bentham Project were formulating the proper systems of government, law, equality and minimizing and maximizing pain. (University College London, 2014). These highlights of the Bentham Project are important because we were now able to understand the way writers of the 19th century changed their views of criminal laws as primarily for punishment from the earlier 18th century and also the project exemplified how criminal law and correctional policies respond to social changes as they evolved (Thomas, n.d.).