Exploring Theories and Justifications in Punishment Philosophy

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PUNISHMENT PHILOSOPHY Punishment refers to the deliberate infliction of hardship on an actual or supposed offender for a wrongful act for instance moral transgression or legal transgression. Punishment requires having a legal or political justification since it constitutes of inflicting a pain or deprivation which is equal to that which is inflicted by perpetrator of a crime on his victim. There are several philosophy punishment theories which include; deterrence, incapacitation, rehabilitation, retribution, vengeance and restoration. All these theories have a justification for punishment of criminals. The punishment theories can be grouped into two general divisions in punishment philosophy. These are utilitarian and retributive theories. …show more content…

This theory of punishment has an appropriate purpose of corrections which is to prevent crimes but the means of accomplishing this purpose is inappropriate. The primarily used means is incarceration. For instance when an offender is a thief, the hand could be cut and if the offender is a spy, the eyes are gouged out. Such steps are taken in order to maintain security under the incapacitation theory of punishment. However the offenders with quite minor crimes suffer most but they can undertake rehabilitation training courses. After such courses are completed successfully the offenders will be considered to be no longer a danger to other citizens. Incapacitation cannot be counted on as a long-term solution to crime and thus rehabilitation is the best option to crime. Deterrence …show more content…

This step is not relevant as the convict has already suffered the punishment and rehabilitation won’t work. Rehabilitation should be considered first in order for the convict to benefit from the rehabilitation programs.

Illustration under Medical Model The rehabilitation method is illustrated under the medical model whereby criminality is treated is treated in an approach same to treating a physical disease. This take is important as the convict is able to be rightly treated in terms of the crime committed and the outcome is a law abiding citizen.

Illustration under Custodial Model The incapacitation method is illustrated under custodial model whereby the convict can be either banished from the community or incarcerated. These two ways of punishment are both not favorable to the offender and thus any option is not preferred as they negatively impact on the offender. Rehabilitation presents proper means of

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