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Death sentence methods in america
Capital punishment united states
Theories of ethical dilemma
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Retaliation and punishment are some of the core themes involved in researching acts of violence among ancient cultures. In these cultures the killing of a family member by an individual may result in either the killing of the original murderer or the killing of one of their family members in retaliation. Often, this is deemed as a justified reaction. Even today the punishing of someone due to wrongdoing is often believed to be justified. The existence of the death penalty in the United States is proof of such a mentality. Fiery Cushman a psychologist interested in comprehending the cognitive processes that lead to the development and creation of moral judgments believes that such a mentality is weak minded. Research by Cushman shows that he rejects the idea that such a mentality is correct and that the punishment of someone for acting wrongly should not be seen as justifiable. Cushman’s research compares belief, desire, causation, and consequence in identifying moral choices. Cushman’s research also seemed to conclude that choices and decisions on the wrongfulness of action tended to rely on the mental states of the individual. Yet, judgments of punishment tended to rely on painful consequence. Cushman’s overall conclusion based on the results of his research was that punishment due to wrongdoing should not be justified.
Cushman uses a number of examples that involve the human thought processes in his study. He determines that the choices made by humans often depends on how they feel about a certain actions. Cushman identified a specific area in the human mind where people’s decisions differentiate between non-action and action. Cushman believes that the mind does observe that there may be similarities between wrongdoings. Yet, t...
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...ways justified. That decisions about the kind of punishment differs according to the outcome of the wrongdoing activity. If the wrongdoing does not end up being harmful then no punishment might be the accepted chosen judgment. Cushman even goes as far as claiming that rewards and reciprocation may be better suited for society over that of punishment. Through analyzing his research it can be seen that Cushman has relevant points on punishment that are more than adequate for discussion.
Works Cited
Cushman, F. The Role of Learning in Punishment, Prosociality, and Human
Uniqueness. In Kim Sterelny, Richard Joyce, Brett Calcott & Ben Fraser (eds.), (2013): 1-21. Print. Cooperation and its Evolution. MIT Press
Cushman, F. "Crime and Punishment: Distinguishing the Roles of Causal and
Intentional Analyses in Moral Judgment." Cognition 108.2 (2008): 353-80. Print.
Justice and revenge are two completely different things but are sometimes incorrectly used interchangeably. Many people get them confused with each other. Justice tends to be very rational, impartial, impersonal, and by definition fair. Whereas, revenge is emotional, personal, and generally people acting out based on their negative emotions. First, revenge tends to be much more brutal, where justice is more along the lines of moral correction and someone getting arrested for their wrong doings.
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
Deterrence theorists view murder as rational behavior, and assume that in calculating the gains and losses from killing, potential offenders are aware of the death penalty and regard it as a more severe sanction than imprisonment. Because the threat of one's own death presumably outweighs the rewards gained from killing another, murder is not an option for most people and always discouraged. In addition, some noted proponents assert that capital punishment provides an important educative function in society by validating the sanctity of human life (Berns, 1979; van den Haag, 1975; van den Haag & Conrad, 1983). Despite this logic, some challenge the applicability of deterrence to murder. Rather than being a product of deliberation and calculation, it is known that most murders are emotionally charged and their crimes are spontaneous events; they are "acts of passion" or result from a situated transaction rather than from deliberation (Bowers & Pierce, 1980; Chambliss, 1967; Luckenbill, 1977). Indeed, a significant proportion of homicides may not be intended. The situation escapes calm discussion, or due to some extraneous factor, an assault victim dies. Under such conditions, it is unlikely that perpetrators ("killers") give serious thought to whether they reside in a death penalty jurisdiction, or the possibility of execution.
Retribution – is a correctional aim which is to hold a person who has committed a crime accountable for committing a crime against another or society in the form of punishment. (Stojkovic and Lovell 2013) What we look at in retribution is when someone is punished there is legitimacy in the punishment of a particular crime that was committed. Some of the pros of retribution are retribution can make a person or society feel safer or a feeling of justice being served when a person is punished for the crime they committed. The con of retribution is during court proceedings the prosecution and the offender’s lawyer may come to a plea agreement which could give the offender a lesser sentence than what he or she would have gotten originally. (Stojkovic and Lovell 2013)
Opponents argues that the death penalty does not deterrent individuals from committing crimes. However, there are evidence that death penalty saves lives. Opponents wants us to believe that criminals are unable to rationally make right or wrong choices. According to the rationality choice theory, human behavior are based on self-interest and rational choices about effective ways to accomplish goals with ...
Justice is part of revenge; as also for revenge is part of justice. “Justice” comes from a Latin word that means “straight, fair, equal”, it’s the quality of being righteous and loyal towards one’s state, although serves the interests of the stronger (Hourani, 1962), while revenge is the act of taking retaliation for injuries or wrongs. What ever the circumstances are being the individual who experiences a unjust act, results in the hunt for one of these two things: Justice or revenge. What are the key differences between the two? Justice can be defined as the concept of moral rightness, which is based on the rules of law, fairness, ethics, and equality among the governed citizens. Revenge, on the other hand, refers to an action taken by an individual as a response to an act of injustice. The principle of revenge is “an eye for an eye”…. Can revenge be justified and be as equally part of justice if they both seek retribution for a wrongdoing?
Society has many different views on crime and punishment. During earlier times, the crime fit the punishment meaning an “eye for an eye” approach. If a thief was caught, their hands would be cut off. If a man killed another man, they would be killed as well. They did not have a chance to tell their side of the story, if people thought they were guilty, they were. Much has changed in the way we handle crime in the world today. In today’s world, when a person commits a crime they have rights to a fair trial and have the luxury of the Fifth Amendment. Now when a killer kills someone they get to tell their side of the story and have to be proven guilty. However, it does not matter where you go, if there are people then there will always be crime.
Regarding the justification of punishment philosophers are not of the same opinion. According to the utilitarian moral thinkers punishment can be justified solely by its consequences. That is to say, according to the utilitarian account of punishment 'A ought to be punished' means that A has done an act harmful to people and it needs to be prevented by punishment or the threat of it. So, it will be useful to punish A. Deontologists like Mabbott, Ewing and Hawkins, on the other hand, believe that punishment is justifiable purely on retributive grounds. That is to say, according to them, only the past fact that a man has committed a crime is sufficient enough to justify the punishment inflicted on him. But D.D. Raphael is found to reconcile between the two opposite views. According to him, a punishment is justified when it is both useful and deserved.
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.
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
Durkheim sees punishment as a social institution, which is first and last a matter of morality and social solidarity. The existence of strong bonds of moral solidarity are the conditions which cause punishments to come about, and, in their turn, punishments result in the reaffirmation and strengthening of these same social bonds. (Ibid., p28) Durkheim begins his discussion of punishment with an analysis of the crimes against which punishments are used.
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. In the early modern era in Europe, public executions were the primary punishment given to members of society who were involved in criminal behavior. This form of punishment served to showcase the absolute power of the state, King and church to take away the life of any citizen who disrupts peace. It was a way to make the criminal justice system visible and effective in an era when the criminal justice system was in its beginning stages of demonstrating orderliness (Spierenburg). More specifically, it was a relatively straightforward and psychological way to evoke deterrence. The potential of gruesome violence, public persecution and religious betrayal were tools thought to be strong enough to make public executions a successful form of deterrence because within the community, social bonds and religion were the fou...
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.
Ethics and morality are the founding reasons for both supporting and opposing the death penalty, leading to the highly contentious nature of the debate. When heinous crimes are com...
Secondly, many believe that capital punishment is right because of the justice given to the victim’s family. These family members feel l...