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Punishment in today's society
Punishment in today's society
Relevance of punishment
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Punishment on any basis has been seen as heinous or extreme, because of the rights of the government to condemn someone for breaking the law. Punishment, defined by David Boonin as, “the state’s imposition of monetary fines, forced incarceration, bodily suffering, and – in extreme cases – death” (Boonin 3) if a person decided to take it upon themselves to morally defy rules. Laws and regulations is the way to put them in their place to create an environment and society of equality and Justice, why should they not be punished for their actions? When taking into context the security punishment establishes, it heavily outweighs the negative aspects of punishment. For a person to disregard the sanctity or well-being of another, and cause harm …show more content…
The fact that punishment is already institutionalized in prisons and jails, provides legality for the cases behind agents in the prison system to safely and securely administer punishment with oversight. Taking into the consideration the safety and security of citizens, and the commitment we have to protecting human’s civil rights, then what other way to eliminate problematic citizens than by locking them up. People opposed to punishment are opposed to capital punishment as well, but in that instance harm is being done by one person to another by the means on execution. As reliable as that seems to just wipe the person clean from society, so there is absolutely no possible outcome of them harming another ever again is substantial. Morally, it is not permissible in the views of some philosophers to even consider the death penalty as an option, but the only other means for stability in law-making and the establishment of those laws, is some sort of retribution. The best general account of certain of this intuition is the claim that punishing people for breaking the law is morally permissible because criminals deserve to be punished. Punishment is justified in virtue of what one did, no matter the future effects; it creates a backward-looking satisfaction. The argument should be whether or not milder forms of punishment are acceptable instead of the death
Have you ever wonder if there is any good justification for the policy of punishing people for breaking laws? Boonin’s definition of punishment consists of Authorized, Reprobative, Retributive, Intentional Harm. The problem of punishment incorporates three different answers. Consequentialism, which makes punishment beneficial (will do good for the people later in the future). Retributivism punishment is a fitting response to crime. As well as, the option of ‘other’ punishment can be a source of education, or expressive matter. Moreover a fourth answer can be an alternative called restitution, punishment is not necessary for social order. In The Problem of Punishment, by David Boonin deeply studies a wide range of theories that explain why the institutions is morally permitted to punish criminals. Boonin argues that no state , no-one succeeds with punishment. To make his argument stronger, he endorses abolitionism, the view
The central element of calculation involves a cost benefit analysis: Pleasure versus Pain, (5) Choice, with all other conditions equal, will be directed towards the maximization of individual pleasure, (6) Choice can be controlled through the perception and understanding of the potential pain or punishment that will follow an act judged to be in violation of the social good, the social contract, (7) The state is responsible for maintaining order and preserving the common good through a system of laws (this system is the embodiment of the social contract), (8) The Swiftness, Severity, and Certainty of punishment are the key elements in understanding a law's ability to control human behavior. Classical theory, however, dominated thinking about deviance for only a short time. Positivist research on the external (social, psychological, and biological) "causes" of crime focused attention on the factors that... ... middle of paper ... ...
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
' The notion that punishment is needed as an example asserts that the punishment for murder, or the punishment any crime for that matter, should be employed as a deterrent and to inspire fear that will prevent others from fulfilling the said crime in the future. This illustrates a depressing and gloomy view of human nature, as being corrupt at its core and that fear remains the only thing that prevents us from committing evil acts. Rather, I believe that laws and the punishments associated with the infringement of laws are an agreement between a citizen and the society they live in about what is appropriate and agreeable behavior that protects the basic rights of all citizens and holds all citizens as equal in front of the law. Thus, if someone kills another person and the circumstances of the crime are not within the previously established laws, then the person should be held responsible regardless of whether one would kill that person if they could help it or
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
In Martin Perlmutter's essay "Desert and Capital Punishment," he attempts to illustrate that social utility is a poor method of evaluating the legitimacy of it. Perlmutter claims that a punishment must be "backward looking," meaning that it is based on a past wrongdoing. A utilitarian justification of capital punishment strays from the definition of the term "punishment" because it is "forward looking." An argument for social utility maintains that the death penalty should result in a greater good and the consequences must outweigh the harm, thereby increasing overall happiness in the world. Perlmutter recognizes the three potential benefits of a punishment as the rehabilitation of an offender, protection for other possible victims, and deterring other people from committing the same crime. The death penalty however, obviously does not rehabilitate a victim nor does it do a better job at protecting other potential victims than life imprisonment. Since a punishment must inflict harm on an individual, deterrence is the only argument that utilitarians can use to defend the death penalty. The question then ari...
Enforcing death penalty in itself deters people from getting suitable opportunity to ensure that rehabilitation is enhanced. It is necessary to note that many individuals who have been charged with capital punishment have been emotionally and psychologically unstable. Enforcing the death penalty therefore denies them room for rehabilitation. There is a need to advance towards rehabilitation as opposed to advocating for execution. If individuals know that upon committing a capital offence they will be sentenced to death, they will hardly consider reform programs. It is also crucial to note that there is no concrete evidence on advantages derived from the death penalty. The truth is that it only aids in perpetuating death and chains of violence. Prisons should serve as centers to rehabilitate violent fellows, and then return them to the community as fully reformed and responsible individuals. It is therefore not justifiable that a death penalty should be enforced to them at all
For centuries, prisons have been attempting to reinforce good behavior through various methods of punishment, some more severe than others. There are several types of punishments which include “corporal punishment, public humiliation, penal bondage, and banishment for more severe offenses, as well as capital punishment”(Linklater, V). Punishments in which are more severe pose the question “Has it gone too far?” and is stripping away the rights and humanity of a criminal justified with the response it is for the protection of the people? Is justice really served? Although prison systems are intense and the experience is one of a kind for sure, it does little to help them as statistics show “two-in-five inmates nationwide return to jail within three years of release”(Ascharya, K).
Romeo and Juliet is a tragedy- but it did not have to be. Romeo and Juliet is the tragic story of two star-crossed lovers, Romeo and Juliet, who are the son and daughter of two feuding families, the Montagues and the Capulets. Written by the famed playwright Shakespeare, Romeo and Juliet take place in the 14-15 century in the cities of Verona and Mantua, cities in northern Italy. After a series of events that involves Romeo getting banished from Verona and Juliet getting forced to marry a count, Paris, they kill themselves. It has been argued for centuries about who is to blame for the deaths of Romeo and Juliet. But, once reading the book thoroughly and consulting several sources, it is obvious who is solely to blame- Friar Lawrence. Because of the actions of Friar Lawrence, the play ended with two grieving families instead of two happy newlyweds. Although many characters contributed to their deaths, only Friar Lawrence was solely responsible for them. Friar Lawrence’s cowardice, secrecy, and miscommunication led directly to the deaths of Romeo and Juliet.
While we may all want murders off the street, the problem we come to face is that capital punishment is being used for vengeance or as a deterrent. Capital punishment has been used worldwide, not only by the governments to instill fear, but to show that there are repercussions to ones actions. From the time we are born, we are taught to learn the difference between right and wrong. It is ingrained in our brains, what happens to people that do bad things? Capital punishment is renowned for being the worst thing that could be brought amongst ones life.
The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred to as the Positivist school. This rapid change from the classical to the positivist perspective was due to the change and growth of civilization. Even though one perspective came from another, they are still different in many ways and it is evident when relating them to section 462.37, Forfeiture of Proceeds of Crime, and section 810, Sureties to keep the Peace. The Classical School of criminology’s time of dominance was between 1700 and 1800. Its conception of deviance was that deviance was a violation of the social contract. Classical theorists believed that all individuals were rational actors and they were able to act upon their own free will. A person chose to commit crimes because of greed and because they were evil. The primary instrument that could be used in regards to the classical school to control crime was to create “criminal sanctions that instil fear of punishment in those contemplating criminal acts” (Gabor 154). Classical school theorists believed the best defence was a good offence and therefore they wanted to instil so much fear into people about what would happen to them if they were to commit a crime that even those who were only thinking of committing a crime were impacted greatly. The classical school individuals operated entirely on free will and it was their ...
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.
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.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.