Theories of Punishment and their Applicability to Punishment of Juveniles There are several theories that describe the administration of punishment to law offenders. Juveniles are minors who commit crimes punishable by law. There are different drives to committing crimes among the juveniles. Some commit crimes based on the benefits derived from such acts which outweigh the risks involved in such an act. Based on this drive of committing crimes‚ the theory of deterrence is applicable. The theory
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Cruel Punishment Just like defining “Law‚” cruel punishment has no universally expected definition. The existing legal systems define cruel punishment in terms that best suit the applicability of their legal system as well as considering the expected morals in a particular society. The complexity surrounding definition of cruel and unusual punishment has been made possible by the elasticity of society and therefore flexibility of morals. What is moral in one society is definitely not moral in
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and gone. We can take Puritan punishments as an example. Throughout the years there has been laws passed to stop cruel punishments‚ but other types of punishments have been introduced such as "[wearing] a large sing publicizing [the] crime...[and wearing] tap shoes in public" (Willing). Public punishments that were popular in Puritan times are continuing today. In the article "From "Scarlet Letter" to 1995‚ Americans want criminals to suffer shame with punishment" the author Rob McManamy states
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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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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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Brianna Ascencio ENGWR 300 T/Th 7:30 Dr. Muñoz November 19‚ 2013 Research Paper Physical Punishment and the Effects A fearful child walks slowly‚ but carefully to his house from school. Walking home feels faster than usual and before he knows it‚ he walks into the front door as quietly as possible. He gets a sort of relief when he finds out he is home alone. Seconds later‚ he gets that turned feeling in his stomach again. He knows he awaits for the worst. What he has done wasn’t so bad
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