Punishment in contemporary society is concerned with managing crime at an acceptable level rather than correction (Agree)
Punishment is the cost to individuals those who break the law. It is used to manage and protect Australian communities from crime. This essay discusses punishments and how society justifies the use of punishment. Included is a brief overview of community correction and prison rates showing that communities preference for incarceration of offenders. Detailing personal assault rates, the essay emphasises that crime rates are being managed and concludes Australian communities feel safer with criminal justice system continued use of punishment as a deterrent.
Punishment that can be inflicted upon an offender include, fines,
community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction inflicting a proscribed amount of pain and loss, also used for payback and deterrence issued to the offender (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). Society justifies punishing offenders, through the just desert perspective, which claims a person deserves to be punished for harm caused by their criminal actions and that punishment should approximate the harm caused (Darley, Carlsmith & Robinson, 2000; Carlsmith, et al., 2002). Deterrence theory suggests punishing offenders will not only deter re-offending but also discourage other individuals in the community who wish to operate outside the law (Darley et al., 2000; Carlsmith et al., 2002). The theory works on the notion that offenders are rational and changing the cost/benefit ratio, lawbreaking becomes a less attractive option (Carlsmith et al., 2002). While, removing offenders from society by incarceration should make it impossible for society to be damaged further. Australia’s imprisonment rate has been increasing over the years with the national average being 162.5 per 100,000 in the year of 2005 (The Judicial Conference of Australia, 2007) increasing to 196 per, 100,000 in the year of 2015 and further increased to 208 per 100,000 in 2016 according to the Australian Bureau of Statistics (ABS, 2016). Furthermore, males in federal prisons have also seen an increase with 562 males in 2008 compared to 838 males in 2012 (AIC, 2014). While prison rates are increasing, community correction sanctions are decreasing. Offenders on restricted movement orders, for example home detention the daily average reduced from 608 in 2009-2010 to 507 in 2010-2011. Individuals serving a reparation order also declined from 13,960 in 2009-2010 compared to 11,968 in 2011-2012 daily average (AIC, 2014). Imprisonment is helping to maintain crime rates, for example the level of personal crime, specifically assaults in 2010 there were 1,213,100 recorded victims while in 2011 1,211,00 assault victims were recorded (AIC, 2014). Imprisonment works because is stops re-offending while offenders are imprisoned, discourages imitation by other individuals and confirms to communities that justice is done. This essay outlined sanctions imposed on offenders, including imprisonment and community corrections. Described how punishment is justified according to the just desert and deterrence theory. Discussed the rate of individuals being imprisoned compared to community sanctions, provided rates for assault, which shows crime levels being maintained and that Australian communities feel secure in allowing this to continue.
The Punishment Imperative, a book based on the transition from a time when punishment was thought to be necessarily harsh to a time where reform in the prion system is needed, explains the reasons why the grand social experiment of severe punishment did not work. The authors of the book, Todd R. Clear and Natasha A. Frost, strongly argue that the previous mindset of harsh punishment has been replaced due to political shifts, firsthand evidence, and spending issues within the government. Clear and Frost successfully assert their argument throughout the book using quantitative and qualitative information spanning from government policies to the reintegration of previous convicts into society.
In Western cultures imprisonment is the universal method of punishing criminals (Chapman 571). According to criminologists locking up criminals may not even be an effective form of punishment. First, the prison sentences do not serve as an example to deter future criminals, which is indicated, in the increased rates of criminal behavior over the years. Secondly, prisons may protect the average citizen from crimes but the violence is then diverted to prison workers and other inmates. Finally, inmates are locked together which impedes their rehabilitation and exposes them too more criminal
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.
Final Exam Kristina McLaughlin Saint Joseph’s University CRJ 565 Question 1: Word Count The judicial system is based on 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).
But as will be discussed, there are major flaws in the Australian criminal justice system with issues focussing on three main concerns: (i) lenient sentencing in the criminal justice system particularly with white-collar and blue-collar crimes (i) recidivism and lack of support for offenders (iii) public safety concerns. This essay will examine issues with the Australian prison system, and explore the punishment of shaming and if it is an effective method in preventing general and specific deterrence using sociological frameworks and theories.
Punishment occurs to individuals who break the law. It is also used to maintain the level of crime and to protect community members in Australia. To determine that society is content with maintaining the crime rate, this essay will discuss punishment types given to offenders and how society justifies the use punishment. Additionally, providing a brief overview of the community correction and prions rates to show that communities prefer to incarcerate lawbreakers. Highlighting that crime rates are being maintained by looking at the personal crime rate for assault before concluding that Australian society feel safe enough to allow the criminal justice system to sustain the crime rate.
The proliferation of harsh mandatory sentencing policies has inhibited the ability of courts to sentence offenders in a way that permits a more "problem solving" approach to crime, as we can see in the most recent community policing and drug court movements today. By eliminating any consideration of the factors contributing to crime and a range of responses, such sentencing policies fail to provide justice for all. Given the cutbacks in prison programming and rates of recidivism, in some cases over 60% or more, the increased use of incarceration in many respects represents a commitment to policies that are both ineffective and unfair. I believe in equal, fair and measured punishment for all. I don't advocate a soft, or a hard approach to punishment. But we must take a more pragmatic look at what the consequences of our actions are when we close our e...
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
Criminal law is a system of law that deals with offenders that commit crimes against society. Criminal law can be broken down into four types of offences these offences are offences against the person, offences against property, Drug crimes and motor vehicle offences.The main aims of the criminal justice system are to punish offenders and prevent crime. There are issues when society does not believe that sentencing and punishment is effective or achieving justice. This decisive statement has raised some issues to whether or not this statement is truthful, but there have been many articles that have been produced by organisations such as Griffith University, The State Library of New South Wales, The Bureau of justice Statistics and many more. The piece of legislation that allows courts and judges to deliver a sentence to the accused is the Penalties and Sentences Act 1992 (QLD).
Coyle (2005). The 'Standard'. To say whether using prison as a form of punishment has aid in the quest of tackling the crime problem, one must first consider the purposes of the prison.... ... middle of paper ... ...
My sentence has been put into place as an individual punishment based upon my actions, yet there is so much more to it than that. Several perceptions towards how and why a criminal should be punished have been acknowledged over the years. Today, there are t...
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.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,
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.