Disadvantages Of Criminal Punishment

724 Words2 Pages
bulb-icon

Recommended: Traditional roles of punishment

Crime and its punishment are the responsibility of the criminal justice system. The system helps define what punishment is appropriate for which crime. The criminal justice system is in place to ensure that criminal laws are being adhered to according to the law. This judicial function is responsible for making sentences for those who are convicted for committing crimes. There are four traditional goals of punishment which are: retribution, deterrence, incapacitation (incarceration), and rehabilitation. Each goal has advantages and disadvantages of using; however, there have been concerns about how each goal is to be balanced and used. Due to the public view on sentencing,
Retribution refers to the concept that offenders should be punished for committing crimes when they freely violate existing social rules. This theory suggests that people get just what they deserve. Retribution reflects that the punishment be in accordance or equivalent to the crime. It is designed to restore …show more content…

This theory focuses solely on the offender and believes that the severity of punishment and gravity of crime are not related. The rehabilitation theory states that the offenders should be treated rather than punished. Rehabilitation programs provide offenders with the education, skills, and treatment that is necessary for them to change their behavior. Rehabilitation is considered as a positive and constructive means for dealing with criminals. A disadvantage of using rehabilitation is that some of the programs can lead to abuse. One of the problems associated with the rehabilitation is that some of programs can be costly if not implemented properly. “The punitive nature of prison can outweigh any potential benefits associated with rehabilitative programming. It is difficult to successfully implement rehabilitative change in punitively oriented prison environments”(Alleman & Gido,

Show More
Related

  • The Rise of America’s Prison Empire

    1930 Words  | 4 Pages

    When envisioning a prison, one often conceptualizes a grisly scene of hardened rapists and murderers wandering aimlessly down the darkened halls of Alcatraz, as opposed to a pleasant facility catering to the needs of troubled souls. Prisons have long been a source of punishment for inmates in America and the debate continues as to whether or not an overhaul of the US prison system should occur. Such an overhaul would readjust the focuses of prison to rehabilitation and incarceration of inmates instead of the current focuses of punishment and incarceration. Altering the goal of the entire state and federal prison system for the purpose of rehabilitation is an unrealistic objective, however. Rehabilitation should not be the main purpose of prison because there are outlying factors that negatively affect the success of rehabilitation programs and such programs would be too costly for prisons currently struggling to accommodate additional inmate needs.

    Read More

  • Canada Should Focus More on Rehabilitation and Less on Retribution

    3232 Words  | 7 Pages

    Wormith, J. S., Althouse, R., Simpson, M., Reitzel, L. R., Fagan, T. J., & Morgan, R. D. (2007). The rehabilitation and reintegration of offenders: The current landscape and some future directions for correctional psychology. Criminal Justice and Behavior, 34(7), 879-892.

    Read More

  • Retribution Model Of Punishment Essay

    1139 Words  | 3 Pages

    The judicial system is based off the norms and values that individuals are held to within society. When a person is found guilty of committing a criminal act, there must be a model that serves as the basis of what appropriate punishment should be applied. These models of punishment are often based off of ethical theories and include retribution, incapacitation, deterrence, rehabilitation, and restoration. The retribution model of punishment views the offender as responsible for their actions and as such, the punishment should fit the crime (Mackie, 1982). Incapacitation is a form of punishment that removes an offender from society. This model protects

    Read More

  • Retribution In Canada

    502 Words  | 2 Pages

    Retribution is the philosophy best explained by the famous saying, “an eye for an eye”. Those that believe in this form of justice hold a strict and harsh view on punishments for crime. The proponents of retribution believe that severe penalties act as deterrence to future crime, however, studies

    Read More

  • Juvenile Offenders Recidivism and Cognitive-Behavioral Therapy

    2841 Words  | 6 Pages

    Cognitive approaches include but are not limited to social skills training, which uses modeling and role-play, social problem-solving training, rational-emotive therapy, the cognitive skills program, often referred to as the Reasoning and Rehabilitation program, and the relapse prevention model (Pearson & Lipton et al., 2002). Throughout history, it has become very clear that the tough on crime model just does not work. As stated by Drago & Galbiati et al. In their article: Prison Conditions and Recidivism, although it is to some extent a popular view that being tough on inmates can ‘‘rehabilitate’’ them, we do not find evidence supporting the idea that harsher prison conditions reduce recidivism.... ...

    Read More

  • The -What Works- Movement of Criminal Justice

    1048 Words  | 3 Pages

    In today’s society, many people commit crimes and illegal behavior is nothing new. Society knows that there are criminals and they have criminal intentions. The question today is not if people are going to commit crimes, it is finding the most effective method to help those criminals reenter society as productive citizens, and preventing new people from becoming criminals. Department of corrections around the nation have implemented a program that identifies the most effective method. The “what works” movement outlines four general principles that are implemented in the rehabilitation of criminals; and, these principles are risk principle, criminogenic need principle, treatment principle, and fidelity principle.

    Read More

  • Compare And Contrast Incarceration And Rehabilitation

    883 Words  | 2 Pages

    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

    Read More

  • Pros And Cons Of Retribution

    537 Words  | 2 Pages

    Retribution – is a correctional aim which is to hold a person who has committed a crime accountable for committing a crime against another or society in the form of punishment. (Stojkovic and Lovell 2013) What we look at in retribution is when someone is punished there is legitimacy in the punishment of a particular crime that was committed. Some of the pros of retribution are retribution can make a person or society feel safer or a feeling of justice being served when a person is punished for the crime they committed. The con of retribution is during court proceedings the prosecution and the offender’s lawyer may come to a plea agreement which could give the offender a lesser sentence than what he or she would have gotten originally. (Stojkovic and Lovell 2013)

    Read More

  • Criminal Justice: The Goals of Sentencing

    725 Words  | 2 Pages

    Sentencing is the imposition of a criminal sanction by a sentencing authority , such as a judge. Schmallger & Smykla, 2009, pg# 71) There are seven goals of sentencing including revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served. Retribution is a type of sentencing involving another form of retaliation. Retribution means "paying back" the offender for what he or she has done. ( Schmalleger & Smykla, 2009, pg# 73) The victim is not alone when it comes to being affected by the crime. Society is strongly affected by what a criminal does in whichever area he or she chooses. Retribution, in a good sense, would be if a coworker does her best as her job and her boss gave her a raise. This would be considered paying her back for her good deeds. As far as the criminal's heinous acts, retribution would more than likely be community service in the town were the crimes occurred. This form of sentencing gives a sort of relief to society

    Read More

  • The Importance Of Sentencing In Canada

    690 Words  | 2 Pages

    Rehabilitation also involves programs in prisons that have the goal of helping offenders return back to society (Goff, 2014, p.20). Prisons have also put in place programs to assist inmates, “the goal of these release programs are to ease the transition of offenders from the institution into the community while simultaneously promoting stable employment after release” (Cullen & Jonson, 2011, p.309). If a person has been in an institution for a long period of time it is often hard to adjust to life outside, which is why these programs are important in the justice

    Read More

  • Pros And Cons Of Reform Vs. Punishment

    1601 Words  | 4 Pages

    Punishment is reserved to those who have committed a transgression, a dominant and common response to injustices upon a victim (Okimoto and Weznzel 2008 p.346). It is a sense of retribution against immoral behavior, not solely for the purpose of punishment against the offender, but

    Read More

  • Justifications for Punishment in Modern Society

    1614 Words  | 4 Pages

    Retribution is what most commonly referred to as the “just deserts” model that says the punishment should match the “degree of harm a criminal has inflicted on their victims” (Stohr, Walsh, & Hemmens, 2013, p.6). In other words, what they “justly deserve”. Where minor crimes should expect a minor punishment, those who commit more severe crimes should expect to be met with just as severe of a punishment in return. An example, some believe that when someone kills someone else, that person should then, in turn, receive the death penalty (depending on the state this would also be allowed or expected by law).

    Read More

  • Does The Punishment Fit The Crime?

    864 Words  | 2 Pages

    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.

    Read More

  • The Purpose of Punishment in a Modern Society

    2222 Words  | 5 Pages

    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.

    Read More

  • The Purpose of Criminal Law

    855 Words  | 2 Pages

    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.

    Read More

More about Disadvantages Of Criminal Punishment

Open Document