Philosophy 338 Professor Hubin THE UTILITARIAN THEORY OF PUNISHMENT I. Utilitarian Theories of Punishment: Utilitarian justifications are forward-looking (consequentialistic) in nature. All of the questions about the justification of punishment (general justification‚ title and severity) will be answered by appeal to the utility (value) of the consequences of an action. A. The General Justification: All punishment is‚ according to the utilitarian‚ intrinsically bad‚ because it involves the
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HLA Hart wrote that any justification of punishment must at least justify the existence of 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
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the use of punishment to maintain the social order. Those theories of punishment aim to provide understanding of why and how we punish. Generally‚ two of the most frequently used justifications of punishment are Retributivism and Utilitarianism. Retributivism is a theory of criminal justice that advocates punishment to be the best response and consequence in retribution for what criminals have inflicted. It is also the first theory answering the reason why we established punishment institutions
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Punishment vs. Rehabilitation Deborah Bryant CJA/500 June 7‚ 2010 Nicholas Russo Theories regarding Punishment and Rehabilitation have evolved with the civilization of man. There was a time in history when the rights of the accused were not considered when
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proper punishment to you? Can you guess what topic I am to present? Ok‚ today I would like to talk about the crime and punishment in Hong Kong. Whenever you read newspaper or watch the news on TV‚ you can notice that the increasing number of crime but behind the fact of the crime. Do you think the punishment given to the offenders is appropriate? To me‚ I discovered that some of the offenders are too heavily punishment while some of them are not effectively deterred by the punishment. Just give
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Essay on capital punishment For many years‚ capital punishment has been an issue that has divided the American public opinion. Capital punishment remains a well-discussed issue in the United States‚ with advocates insisting that it has a deterrent effect on violent crime‚ and opponents insisting that it’s misguided for many reasons. It’s evident that capital punishment is not only wrong‚ but also expensive‚ ineffective and immoral. Capital punishment is much more expensive than lifetime imprisonment
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Topic: Some people believe that there should be fixed punishments for each type of crime. Others‚ however‚ argue that the circumstances of an individual crime‚ and the motivation for committing it‚ should always be taken into account when deciding on the punishment. Discuss both these views and give your own opinion. Nowadays‚ many people are debating for whether we should fix punishment for each type of crime or not. And this becomes a very hot issue. There are so many arguments
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Throughout the years‚ our justice system has become less focused on giving criminals a just punishment and more focused on the fame and publicity that a large scale crime can allow. With every big criminal case‚ there are people rushing to read the headlines and learn everything there is about the criminal: their past‚ their living situation‚ their family‚ their mental state. We become so focused on the criminal that we often times overlook the crime itself. Headlines focus more on the people who
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Public punishment is an act or instance of punishing. A deterrent is something that discourages or is in intended to discourage someone from an act. In today’s society public punishment is often debated‚ where as in the 1800s‚ punishing someone publically was accepted. From community service to standing at intersections with hand written signs‚ public punishment can act as a deterrent or not affect that person at all. Public punishment is often frowned upon‚ but is effective in some‚ not all cases
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There are both positives and negatives to Beccaria’s ideas of punishment. His idea was to prosecute and sentence an individual for a crime based on the severity of the offense. He did not see a need to explain the motivation for the act (Freilich 2015). This is a weakness in that an individual is incarcerated for a crime and there is no understanding as to why the crime was and no rehabilitation is done. Furthermore‚ in order for a program to work based on this idea‚ one would have to understand
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