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Arguments of punishment in society
Arguments of punishment in society
Crime Deterrence Theory
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Punishment given to offenders acts as an example and deters others from committing the same crime. Punishment serves as proof and as a model to the rest of society that criminal behavior will have negative consequences and can be seen as an educational tool. When using punishment as a threat, warning or intimidation tactic for the prevention of evil, it is formally referred to as general deterrence. This punishment tactic “stems from the perceived threat or fear of the inherent elements of punishment itself, not through some indirect process. Examples of general deterrence from fear of direct sanctions are refraining from speeding for fear of a fine or in my argument, refraining from a felony for fear of incarceration” (Williams & Hawkins, …show more content…
It is important to know that often the punishment received is not worth the crime committed. In Harry Potter and The Order of the Phoenix we see that Harry receives detention from Professor Umbridge for speaking up against her teaching in defense against the dark arts class. Harry does this because her new teaching method does not require the students to practice any of the spells themselves. They are only allowed to write about them. Harry is upset by this as he knows Voldemort and the death eaters are gaining strength. Harry challenges Professor Umbridge’s teachings because he wants to be able to fight back against the death eaters. Umbridge continuously dismissed these comments to the point where she gives Harry a detention and deducts points from Gryffindor. During his detention Harry is not only incarcerated but is also inflicted with physical pain. As he is instructed to write “I must not tell lies” (Rowling, 266) the words are left in the paper as well as “the back of Harry’s right hand, cutting into his skin as though traced by a scalpel” (Rowling, 267). Harry realizes that this punishment was not worth speaking up to …show more content…
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. Punishment is meant to teach a lesson. In addition, it is meant to have the offender realize that what they have done and that the crime they committed was not worth these consequences. Upon release, the previous offender will now be discouraged from performing any criminal acts out of fear of being locked in prison again. The unpleasant experiences in prison should be enough to stop him/her from committing any future crimes. This is seen within Harry Potter and The Prisoner of Azkaban. Here, Marcus Flint, Malfoy, Crabbe and Goyle are caught by Professor McGonagall for attempting to sabotage Harry and the Gryffindor Quidditch team. The four students dressed up as dementors to scare Harry and possibly distract him from catching the snitch. These boys also chose the dementors because they knew that Harry was affected by them. As Harry fought what he thought
punishment is an asset to society: it is the only punishment that fits the crime, it deters potential criminals
The three-strikes law is defined as “judges sentence offenders with three felony convictions (in some states two or four convictions) to long prison terms, sometimes to life without parole (Cole 2014). The purpose of the three strikes law includes is incapacitation and deterrence (Cole 2014). The purpose of a sentencing and the goals of punishment ideally are meant to correspond to each other. The goals of punishment include retribution, deterrence, incapacitation, rehabilitation, and restorative punishment (Cole 2014). Deterrence is broken down into either specific or general deterrence. General deterrence is defined as punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses”. Specific deterrence is defined as “punishment inflicted on criminals to discourage them from committing future crimes”. Lastly, incapacitation is defined as “depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison” (Cole 2014). Two empirical articles research the effectiveness of the three strikes law on crime trends, the impact the law has on population prisons, effect on a prisons budget,
This paper will be focusing on the courts as the specific sub-system in the criminal justice system. As said in the book the court system is responsible for charging criminal suspects, carrying out trials, and sentencing a person convicted of a crime. The fear of crime influences criminal justice policies in the court system. One way it does this is with the courts sentencing. Courts are able to give out severe punishments as a method of deterrence. This specific type of deterrence would be general deterrence. The book says that general deterrence theory should work if the punishment is clear, severe, and done swiftly. According to this theory, crime rate should drop because people will fear the punishment. The other way fear of crime influences
Deterrence punishment is a threat to deter people from offending. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.
Raymond T. Bye describes the basis for the theory of deterrence in the idea that the privilege to live and therefore an individual’s life is the most sacred and only thing any human really owns. Because of this, threatening an individual with the consequence of death will cause them to decide not to engage in the criminal activity. There is a spectrum of consequences that individuals mentally process for...
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
Harsh sanctions by the criminal justice system should deter an individual from committing a crime. It also incorporates the rational choice theory which emphasizes that an offender will weigh the pros and cons of a crime. It describes that “the offender perceives that the cost and benefits of punishment are not outweighed by the crime” (Mackenzie, 2002). The chance that an individual will commit a crime is reduced when they think about how the threatened punishment will impact their lives. The deterrence theory, especially specific deterrence, is the basis for programs such as Scared Straight, chain gangs and shock probation where “ the major emphasis is on the punitive nature of the punishment and not on reducing crime through restraint, discipline or challenge” (Mackenzie, 2002). The shock probation or parole programs are a sort of split sentence where offenders are briefly incarcerated with other offenders and then go on community supervision. The incarceration should shock the individual into “abandoning criminal activity and into more conventional and law-abiding behavior” (Mackenzie,
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.
During the 1970s, the top argument in favor of the death penalty was general deterrence. This argument suggests that we must punish offenders to discourage others from committing similar offenses; we punish past offenders to send a message to potential offenders. In a broad sense, the deterrent effect of punishment is thought to b...
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.
There are several aspects within deterrence that are important to understand when discussing the theories of deterrence and labeling. According to the deterrence theory, there are two different classifications of deterrence—specific and general. First, specific deterrence is defined as apprehending an offender and punishing him or her which will refrain them from repeating crimes if they are caught and punished by the criminal justice system (Akers and Sellers, 16). Secondly, general deterrence is defined as the states way of punishing society for a crime that they have not committed, while using a certain group of people who have committed that crime. By doing so, those who are in charge of punishment, inflict fear on members
First, the audience naturally wants to be on the protagonist’s side. Harry is the main character thus the audience follows where he goes and gets invested in his goal. Another reason is that the antagonist is made to be un-relatable. Scorpio, the antagonist kidnaps and kills children, gets away with it, and demands money and his rights. Unappealing close ups of Scorpio and his manic bouts of whining and screaming really gives him an off-putting energy.
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 ...
This research seeks to establish whether making the penalty stiff will work in repeating repeat and future offenders. This research is tied to a larger theory that harsh punishments act as a deterrent to crime. They work by making people not commit a crime for fear of the punishment that is going to follow. This research is applicable across many facets of crimes that are rampant. It is going to help identify whether enacting stricter laws and enforcing them helps in reducing the relate...
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.