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Recommended: Punishment in society
According to Brooks, punishment can be described in four parts. (1) Punishment must be for breaking the law. (2) Punishment must be of a person breaking the law. (3) Punishment must be administered and imposed intentionally by an authority with a legal system. Lastly, (4) Punishment must involve a loss. Brooks states, “where there is no crime, there is no punishment.” This simply means that all four parts must be fulfilled to count as punishment.
For example, drinking and driving is considered breaking the law. An individual can face jail time for a DUI. For the second part of punishment, an example would be if a murder has occurred in a community, “we must only punish the person(s) who broke the law(s).”
The third part of punishment states
I don't think it's right to break the law, no matter what the circumstances are. Breaking the laws is wrong, and people shouldn't think that it's an okay thing to do. If you don't agree with the law, you should try to get in contact with someone high up in the government and explain to them your stance on the issue, and why you believe it needs to be changed, or removed altogether. The laws are in place for a reason, and that is to protect us. American citizens need to start respecting the laws more, and respect those who enforce them.
“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
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
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
According to the Bureau of Justice Statistics, in the year 1980 we had approximately 501,900 persons incarcerated across the United States. By the year 2000, that figure has jumped to over 2,014,000 prisoners. The current level of incarceration represents the continuation of a 25-year escalation of the nation's prison and jail population beginning in 1973. Currently the U.S. rate of 672 per 100,000 is second only to Russia, and represents a level of incarceration that is 6-10 times that of most industrialized nations. The rise in prison population in recent years is particularly remarkable given that crime rates have been falling nationally since 1992. With less crime, one might assume that fewer people would be sentenced to prison. This trend has been overridden by the increasing impact of lengthy mandatory sentencing policies.
Law violations will happen when the following
penalty punishes them not for what they may or may not do in the future but what
The sentencing process is created by some of the legislative party, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed the offender can be sentenced to a consecutive sentence or a concurrent sentence. If an offender is charged for committing more than one crime the judge can give the offender a concurrent sentence where both charges are served at the same time. If an offender is charged for committing more than one crime the offender can be giving a sentenced where he has to serve time for each crime one after the other (Siegel & Worrall, 2013, p. 210). Once the offender has been sentenced from there you will be able to determine if the sentence is indeterminate or determinate.
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
Explain sentencing and the theories behind it. Include the sentencing models and how they are supposed to work.
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.
The origin of the word prison comes from the Latin word to seize. It is fair to say that the traditionally use of prison correspond well with the origin of the word; as traditionally prison was a place for holding people whilst they were awaiting trail. Now, centuries on and prisons today is used as a very popular, and severe form of punishment offered to those that have been convicted. With the exception however, of the death penalty and corporal punishment that still takes place in some countries. Being that Prison is a very popular form of punishment used in today's society to tackle crime and punish offenders, this essay will then be examining whether prison works, by drawing on relevant sociological factors. Furthermore, it will be looking at whether punishment could be re-imagined, and if so, what would it entail?
Training police to enact broken-windows or zero-tolerance policies upon youths, who have, more than likely, only experienced areas of high-crime throughout their lives, is not the way to stop them from committing crime in their lifetime. These types of police tactics, when administered to juveniles, are more likely to skew the child’s view of themselves and their self-worth, serving to create, not only a distrust towards authority figures, but also a person who genuinely believes that they are destined to nothing more than a life of crime. Perhaps if officers were more lenient with inner-city youths, they would be more likely to see police as helpful and more likely to realize that the decisions that they make do have an effect on the outcome
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.
they? - do two wrongs make a right?) but why is it so important that