PROTESTATION AGAINST ARREST DETENTIONS AND CUSTODIAL DEATH Protestations against arrest detentions and custodial deaths are emblematic of broader societal concerns regarding police accountability, human rights abuses, and the need for systemic reforms within the criminal justice system. Arrest detentions, when carried out without proper legal justification or procedural safeguards, can lead to violations of individual rights, arbitrary detention, and instances of abuse and torture in custody. Custodial deaths, which occur under suspicious circumstances while individuals are in police custody, raise serious questions about police misconduct, negligence, and impunity. In response to these issues, civil society organizations, human rights activists, …show more content…
Rights are fundamental principles that recognize and protect the inherent dignity, autonomy, and freedoms of individuals within society. They serve as a bulwark against arbitrary interference, oppression, and injustice, ensuring that individuals are treated with respect and afforded opportunities to pursue their aspirations and well-being. The concept of rights is grounded in the belief that all human beings possess intrinsic value and are entitled to certain fundamental protections and entitlements by virtue of their humanity. These rights include civil and political rights, such as the right to life, liberty, and due process, as well as economic, social, and cultural rights, such as the right to education, healthcare, and a decent standard of living. Rights provide a framework for promoting human dignity, equality, and justice, and serve as a basis for holding governments and institutions accountable for upholding the rights of individuals and communities. Punishment, on the other hand, is a mechanism employed by societies to uphold the rule of law, maintain social order, and deter unlawful behaviour. It involves the imposition of sanctions or penalties on individuals who violate established laws or norms, with the aim of promoting accountability, preventing harm, and facilitating rehabilitation. Punishment encompasses a range of measures, including fines, imprisonment, community service, and rehabilitation programs, and is typically administered through the criminal justice system. The rationale for punishment is multifaceted and includes both utilitarian and retributive considerations. From a utilitarian perspective, punishment is justified on the grounds that it serves to deter future criminal behaviour, protect society from harm, and promote the overall welfare and security of the community. By imposing consequences
Addresses obligations resulting from those harms (the offenders’, but also the communities’ and the societies).
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
Have you ever wonder if there is any good justification for the policy of punishing people for breaking laws? Boonin’s definition of punishment consists of Authorized, Reprobative, Retributive, Intentional Harm. The problem of punishment incorporates three different answers. Consequentialism, which makes punishment beneficial (will do good for the people later in the future). Retributivism punishment is a fitting response to crime. As well as, the option of ‘other’ punishment can be a source of education, or expressive matter. Moreover a fourth answer can be an alternative called restitution, punishment is not necessary for social order. In The Problem of Punishment, by David Boonin deeply studies a wide range of theories that explain why the institutions is morally permitted to punish criminals. Boonin argues that no state , no-one succeeds with punishment. To make his argument stronger, he endorses abolitionism, the view
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
punishment is an asset to society: it is the only punishment that fits the crime, it deters potential criminals
Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets different aspects of sentencing goals. Justice systems commonly focus on either rehabilitative or retributive measures.
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
Background and Audience Relevance: According to the Human Rights Watch 2012 report on Police Brutality and Accountability in the United States; police brutality has become one the most serious human rights violation. As citizens of the United States it is our duty to make sure that those with authority don 't take advantage of their power.
First, let us get an understanding of what crime really is, as well as the right to punish. A crime as defined by Immanuel Kant is “a violation of social laws” meaning a violation that would be committed against a society. (www.philosophos.com) In order for a society to be functional it must have laws and regulations regarding these violations and any disobedience with the laws would be subject to punishment. So who can administer these punishments and decide to what degree it will punish? Kant tells us t...
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
My overall impression of the chapters were I found most of the information to be comforting and gloomy, at the same time. The stories and the experiences people had to go through where heart-wrenching and tragic to read about, but the author puts a twist on how Hospice tries to provide comfort and relief to the individual who is dying and their families. I never thought about the services Hospice provides because I never personally experienced a close death, yet. Overall, I thought the book to be very insightful and useful information about how to handle death, which obviously is not an easy concept for most people.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
A contentious issue in current debate is the death penalty and its application in society. The death penalty, also known as capital punishment, occurs when a individual is punished by execution as a consequence of an offence they committed (Taylor, 2014). Although Australia does not practice the death penalty, many countries continue to employ it as a means of justice and uphold its value in society. The death penalty debate is a multifaceted issue, encompassing many aspects of society including ethics and morality, the judicial system, and politics and the economy. It will be argued that the death penalty is a morally dubious and obsolete practice that is no longer relevant in modern judiciary, as it breaches the inviolable human right to life. Ethics and morality are primary arguments for both supporting and opposing the death penalty, as some individuals believe that the death penalty is a immoral practice and others consider that it can be morally justified when prolific crimes are committed. Punishment is fundamental element to any legal system as a means of justice and ensuing that the offender is unable to commit additional crimes; however, in the case of the death penalty there can be dire consequences if the legal system is wrong. Politics and the economy are also greatly influenced by the death penalty as they determine if the practice is maintained. The death penalty breaches a number of human rights laws and some individuals support that it is immoral; however, others consider it to be justifiable due to the heinous actions of the offender.