In the essay‚ Punishment‚ Communication and Community R.A. Duff seeks to find a way to reconcile criminal punishment in a liberal community. Duff argues the way to go about it is to make sure that punishment is inclusionary instead of exclusionary. Criminals should be treated as equal members of our political community and not as pariahs who need to be separated from the masses. Punishments that are currently in place are exclusionary. In the United States and the United Kingdom some localities
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Joe Saelmi Crim 402- Willis Thursday‚ February 24‚ 2011 Hay’s Paradox on Punishment When examining punishments and laws of the seventeen and eighteen hundreds it is easy to see the paradox pointed out by Douglas Hay. As societies grew through the ages and Man became more civilized‚ men with wealth also became more interested in control. Especially during Feudal times‚ it is easy to see how those with power were bent on keeping it‚ and how those without it would strive to make ends meet.
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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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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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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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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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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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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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