Any undesirable behavior deserves a punishment to prevent the person from further misconduct. The main aim of punishment is to minimize the capacity of a person to break the law. People get punished through different ways, for instance, they are charged a certain amount, being jailed for a certain period of time or undergo death sentence. Types of philosophies include deterrence, rehabilitation, incapacitation, retribution, and restoration.
Deterrence philosophy tries to persuade people to avoid crimes or go against the laws. Deterrence philosophy is categorized into specific general and general deterrence. Specific deterrence involves punishing one for committing a crime and decides not to commit any crime in the future while general deterrence
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The aim of rehabilitation is to bring back an offender found guilty of committing a crime to a productive position in society through education, counseling, and training. Rehabilitation avoids future crime by changing a defendant's behavior. Through rehabilitation, defendants gain skills and knowledge which help them in earning their living and can be useful to the community when released from court.
Incapacitation involves avoiding crimes by segregating offenders from the rest of society. Punishments such as death penalty, house arrest, and imprisonment have been used as means of incapacitation. Other methods like work programs and placement in halfway are meant to retain community link and make it simple in the adjustment from prison to normal life.
Through retribution, offenders are punished by getting rid of the advantages they gain from committing crimes. Retribution does not punish people who cannot be held responsible for their actions; a good example is people with mental disorders who are not even aware that they are in the wrong. Compulsory sentences state that people who commit particular types of crimes should be punished equally. On the other side, determinate sentencing dictates that certain punishment should be administered based on the seriousness of the offense and also the past record of that particular
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
Intermediate sanctions are a new punishment option developed to fill the gap between traditional probation and traditional jail or prison sentences and to better match the severity of punishment to the seriousness of the crime. Intermediate sanctions served in the community now account for 15 percent of adjudicated juvenile cases (Puzzanchera, Adams, and Sickmund, 2011). All intermediate sanctions are enforced by the United States Criminal Justice System. The main purposes of intermediate sanctions: (1) better match the severity of punishment to the seriousness of the crime, (2) reduce institutional crowding, (3) control correctional costs. Primarily, this is a needed method of punishment to make offenders accountable for the extent of crime and if so let offenders live in their communities to fulfil punishment if not too extensive.
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
Deterrence – is connected to punishment where it is a way to let a person who has committed a crime know and to let the rest of society or those looking to commit a crime know it will not be tolerated or accepted and there is the possibility of some form of punishment. (Stojkovic and Lovell 2013) If a person or society sees what can happen if they commit a crime by seeing what happens to others then they are more likely to obey the laws and live an honest lifestyle.
Specific deterrence applies specifically to individual offenders who have been previously sentenced. The severity of the punishment for an offence should keep the specific one individual from reoffending (Siegel et al, 2013, p.83). This focuses on individuals.
Indeterminate sentencing involves the judge handing down the sentence, specifying what the maximum and the minimum sentence is. However, the actual length of time served is determined by the parole board. Determinate sentencing involves prisoners being released early for good behavior. In other words, these inmates are given credits for good behavior or for participation in projects, experiments or educational programs (Schmalleger & Smykla, 2011). The credits, in turn, reduce the sentencing.
Deterrence is about crime control, if you commit the crime you will do the crime. Whereas the goal of rehabilitation is to interrupts the process; to change the contributing factors that are causing offenders to break the law. The belief is that they are factors that lead an individual to commit crime. Factors such as; antisocial attitudes, bad companions, and dysfunctional family life, etc., if these factors are single out and worked on thus saving crime and reducing recidivism. I believe that if the rehabilitation, retribution along with other program they might implements works well than they should be allowed a second chance to live a better
Deterrence suggests that people are “deterred” from a crime by the threat of punishment. In other words, people won’t commit a crime if the ramifications that were to follow are so severe. Deterrence comes in two flavors, specific and general. Specific deterrence refers to the “threat of punishment” being directly aimed towards a particular individual who has already committed the crime through actually experiencing the punishment first hand. An example of this may be, being convicted of a crime and as a result being sentenced to so many years in jail or prison. However, in order for it to be successful, the “previously ...
Rehabilitation, on the other hand, is the use of correctional mechanisms to change an individual. This has been a better method since people have reported changed behaviors after rehabilitation. In general, all these methods are sought to discourage crime in the society, but some like rehabilitation would work better than
The essential aim of punishment for crime has been a gruesome debate in criminal law for the past century. Deterrence has risen from becoming one of the insignificant purposes of the sentence to the most critical aspect. Majority of law interpreters are of the opinion that deterrence is an essential part of the legal structure. Some, however, are for the contrary view as well as most criminologists. Economists on their part have been known to be the fiercest proponents of this concept.
Moreover, the specific deterrence is the punishment of criminals in unanimity to the severity of the crime committed to avert offenders from executing the action repetitively. Research has shown that, “Deterrence studies are classified commonly as bearing on one type of deterrence or the other, with the most purportedly involving general rather than specific deterrence” (Stafford & Warr 1993, p.124). However, the implementations of the two deterrence components are beneficial to the prevention of wrongdoings occurring in the nation. The general and specific deterrence can help alter the circumstances of intervention and
Punishment that prevents the same person from committing another crime is labeled as specific deterrence. Specific deterrence works in two ways. First, the “convicts are restrained” (Van Den Haag, 769), as they are physically placed into jail in order to prevent him/her from committing another crime in society. Second, the incarceration is designed to be so unpleasant that it will discourage the offender from repeating the criminal act upon his/her release. Here punishment serves as a deterrent for the offender.
Deterrence Theory The deterrence theory is defined as a core principle of classical school and rational choice theories. The primary purpose of punishment is deterrence rather than vengeance (Lecture 8: Classical Theory, Deterrence Theory, Rational Choice Theory, Routine Activities Theroy, 2005).
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.