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Punishment sentencing
Crime and punishment 11
Punishment within the criminal justice system
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More often than not, those who commit crimes are thrown behind bars. Whether that means spending a night in jail, or being sentenced to federal prison, they have to pay for their negative actions somehow. In this paper, I will be talking about whether or not wrongdoers who suffer from their actions is a good or a bad thing. First of all, what makes something good or bad is a matter of perspective. According to chapter 8 of John Rachel’s, “The elements of Moral Philosophy,” an action that is ‘good’ results in happiness, utilitarians would say. The hedonistic view is quite similar stating that, “pleasure is the one ultimate good, and pain is the one ultimate evil.” Since suffering is a state of undergoing pain and unhappiness, it simply cannot …show more content…
An example, a drunk driver who accidentally loses control of the vehicle and kills a pedestrian or even one of his/ her own passengers in the car. Although they are the definition of a wrongdoer, for they are ‘a person who behaves illegally,’ the amount of suffering they will undergo is most likely greater than any amount of happiness they will eventually feel due to their remorse, which is bad. Should they be punished for willingly drunk driving, which resulted in the death of another person? Yes. If not, it is possible that they will do it again. If there are no consequences, then wrongdoers will never learn their lesson. Punishment is necessary, but not morally good because it creates unhappiness and …show more content…
In the scenario above, the driver went against the harm principle, because he/ she caused harm to other people. In my opinion, even if their suffering is say, ‘deserved,’ it doesn’t mean it’s a good thing. A counter example, a psychopath who feels no remorse after inflicting harm on others, should also be punished. For he/ she will probably not suffer with the guilt of taking another life, due to the fact that they intentionally chose to do
The Argument from False Happiness gives good reason to accept that the idea of pleasure being the only thing that is intrinsically valuable in life is ultimately not practical and that what makes a life good is what causes the pleasure in the first place. Hedonists will argue that the cause of happiness does not matter, only that we end up being happy. This seems like a logical point of view, as no one actively wants to be unhappy. However, the hedonist’s view is flawed because it counts on a very delicate circumstance: if a person’s happiness stems from false beliefs, then they must not find out that their belief is false because that will lead to disappointment and pain, thus making their life
The collateral consequences of criminal convictions rather than the direct result are known as “invisible punishments”. In his article “Invisible Punishment”, Travis discusses the unintended consequences that punishes an individual beyond the formal sentence. Criminals are not only punished once for their crimes, they are punished twice, and these invisible punishments follow them throughout their lifetime. Travis explains that these punishments are a form of “Social exclusion”, not purposely designed but merely due to operation of law.
punishment is an asset to society: it is the only punishment that fits the crime, it deters potential criminals
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
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
The facts are plain and simple, that alcohol and driving do not mix. About three in every ten Americans will be involved in an alcohol related crash at some time in their lives. Every single injury and death caused by drunk driving is totally preventable. To curb this national travesty, concerned Americans need to examine the problems, the effects, and the solutions to drunk driving. First of all, America has had a problem with drunk driving since Ford perfected the assembly line. Alcoholism is a problem in and of itself, but combined with driving can have a wide range of effects. The consequences of this reckless behavior can include a first time DUI or licenses suspension; a small fender bender, or worst of all a deadly crash. Most drivers that have only one or two drinks feel fine, and assume they are in control, which is irresponsible and dangerous. Alcohol is a depressant that slows down the body's ability to react and impairs judgment. To drive well, you need to be able to have a quick reaction time to avoid accidents. Unfortunately, people continue to drink and drive. However,...
It’s May 5, 2012. It’s a Saturday night after a stressful week of school. It’s an ordinary spring day. We had been at Truman Lake on the water all day, looking forward to a great night of racing. The sun rose up, the heat was reaching the upper nineties, and conditions were beautiful for a night filled with racing. My uncle had box tickets to the Impact Night at Wheatland Speedway. My mom, dad, brother, and three of our family friends all piled into our seven passenger SUV to head down to Wheatland, MO. Little did we know what was in store. The races started off intense and every race had at least one wreck. After a long day, we were driving home. Exhausted, I had just dozed off on my mom’s shoulder when out of nowhere on Highway 83, we swerved off the road to avoid getting hit head-on by a drunk driver. Sliding every which way through the ditch, we hit a school bus sign; only feet away from guard rail. Thanks to my dad’s retired dirt track racing skills and someone watching over us, everyone in that car is alive today.
This paper considers the desert arguments raised to support retributivism, or retribution. Retributivism is "the application of the Principle of Desert to the special case of criminal punishment." Russ Shafer-Landau and James Rachels offer very different perspectives on moral desert which ground their differing views on the appropriate response to wrongdoing. In "The Failure of Retributivism," Shafer-Landau contends that retributivism fails to function as a comprehensive theoretical foundation for the legal use of punishment. In contrast, in his article "Punishment and Desert," Rachels uses the four principles of guilt, equal treatment, proportionality and excuses to illustrate the superiority of retribution as the basis for the justice system over two alternatives: deterrence and rehabilitation. Their philosophical treatment of the term leads to divergence on the justification of legal punishment. Ultimately, Rachels offers a more compelling view of desert than Shafer-Landau and, subsequently, better justifies his endorsement of a retributive justice system.
Drunk driving is a problem that we hear about every day and it is something that effects everyone, but it only becomes real when it affects us directly. What we don’t know is when a problem like drunk driving will become “real” for us. Drunk driving is an issue that has taken a toll on our country and should be stopped. Drunk driving has been an increasing problem for many years. It effects not only the driver but all of society. The good thing is there are many ways the percentage of drunk drivers can be reduced. Although many people believe drunk driving doesn't affect them because they don't drink and drive, it is something that affects the whole community.
Therefore, we judge our actions if they are moral or immoral by the amount of happiness they create (a good action) or wrong if they create pain and suffering (unhappiness)-----Utilitarianism
Driving while drunk is one of the very dangerous things in the life of a driver. Drivers who work under high Blood Alcohol Concentration also known as (BAC) usually expressed as a percentage of ethanol in the blood consisting of alcohol per volume of blood or alternatively mass of alcohol per mass of blood. These drivers are at a great increase of car risk accidents, vehicular deaths as well as highway risks. Drinking under the Influence commonly known as DUI simply refers to driving a motor vehicle while one has level of alcohol in their blood exceeding the legal limit. This is not limited to alcoholic content but covers other drugs that include but are not limited to prescription drugs. This leads the driver to lack coordination, experience double vision, brief blackouts and have a slurred speech. Driving under the influence causes brain impairment leading to a person feeling that they can manage a situation just like they have always handled it before. This is always as a result of poor reasoning and judgment which leaves one vulnerable to the deadly effects of drunk driving.
In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.
The growing awareness of alcohol hazards has made people more cautious of their drinking habits, particularly young adults. At present young adults have the highest prevalence of alcohol consumption than any other age group. They also drink more heavily, experience more negative consequences, and engage in more harmful activities, specifically drunk driving. Although surveys have documented a decline in recent years, consumption rates remain highest from late teen years to the late twenties (Johnston1-3). Despite the long-term decline since 1982 in alcohol related traffic deaths, a 4 percent increase occurred between 1994 and 1995 among young adults age 21 and over (Hingson 4). As alcohol-impaired driving persists, legal and community initiatives intervene to help reduce the problem, as well as, continuing research on possible solutions.
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the law by individuals then that individual should be punished accordingly.
When talking about pleasure there needs to be a distinction between the quality and the quantity. While having many different kinds of pleasures can be considered a good thing, one is more likely to favor quality over quantity. With this distinction in mind, one is more able to quantify their pleasures as higher or lesser pleasures by ascertaining the quality of them. This facilitates the ability to achieve the fundamental moral value that is happiness. In his book Utilitarianism, John Stuart Mill offers a defining of utility as pleasure or the absence of pain in addition to the Utility Principle, where “Actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness” (Mill 7). Through this principle, Mill emphasizes that it is not enough to show that happiness is an end in itself. Mill’s hedonistic view is one in support of the claim that every human action is motivated by or ought to be motivated by the pursuit of pleasure.