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Major philosophies of punishment
Major philosophies of punishment
Rehabilitation vs punishment
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Introduction The philosophy of punishment has generally stayed the same in America. The nature and purpose shows us how there are certain punishments for certain crimes and whether or not the offender accepts the punishment or not determines the length and type of punishment they will receive. Historical viewpoints of punishment have increased over time and today we are still trying to come up with way where we can decrease crime as a whole in America.
Philosophy of punishment In the Middle Ages punishment was created so society could take revenge against the offender. During the late 1700’s the Enlightenment or better known as, Age of reason, affected views on law and criminal justice. Cesare Beccaria was a philosopher of the Enlightenment approach and he favored it extremely. He tried to figure out what the best legal system a country could have. Punishment was to be thought of as a deterrent that is a way of encouraging individuals to follow the law for reasons of social utility. Beccaria though explicitly on what exactly are the motives of criminals. Although he saw in some cases where the motive for a crime might be money, fines would be an appropriate means of punishment. Criminal punishment is intentionally inflicting pain or other unpleasant consequences on another person.
Nature/purpose Punishment is justified by retribution, deterrence, incapacitation, and rehabilitation. Retribution is also known as deserved punishment, which means that a person broke a law so they deserved to be punish for that specific crime. It’s an act of taking revenge on a criminal perpetrator. Deterrence is a goal of criminal sentencing that seeks to prevent criminal behavior through the fear of punishments. General deterrence prevents ...
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...inal justice is changing more and more in America.
The punishment in America has been extremely increasing and because there are so many people who are given a chance to reform themselves they take advantage of that and commit other crimes. We are living in a rehabilitative punishment system where we are giving way to many criminals a chance to fix what they have done and this is what is causing them to end up where they started in the bringing. We shouldn’t be giving them an opportunity to do anything under any circumstances because if they were the ones who brought themselves sin that certain situation that is their fault. They should deal with the consequences despite of what’s wrong with them. A crime is a crime and we have certain punishments for each crime so if you don’t want to deal with your punishment then don’t try to go above and beyond the law.
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.
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
punishment is an asset to society: it is the only punishment that fits the crime, it deters potential criminals
There has always been an opinion on the correct way to deal with criminals. This will be yet another, but by me. The ways of dealing with criminals is not easy, and there is technically not a definite way to do so. But in my opinion, among the many goals of corrections, the ways I can agree on are a combination of rehabilitation and deterrence. These two things are completely opposite of one another, but used at the appropriate times, to the appropriate inmates, it could work in a positive way.
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...
"Today's system, where imprisonment is a common penalty for most crimes, is a historical newcomer." Many crimes during 1718 and 1776 were punishable by death. This was usually done by hanging, sometimes by stoning, breaking on the rack and burning at the stake. Towards the end of the 1700's people realized that cruel punishment did little to reduce crime and their society was changing the population grew and people started to move around more frequently. There had to be a search for new punishments. "New punishments were to rely heavily on new ideas imported from Europe in the writing of such social thinkers of the Enlightenment as the baron de Montesquieu, Voltaire, Thomas Pain and Cesare Beccaria". These thinkers came to believe that criminals could be rehabilitated."
Sentencing is the imposition of a criminal sanction by a sentencing authority , such as a judge. Schmallger & Smykla, 2009, pg# 71) There are seven goals of sentencing including revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served. Retribution is a type of sentencing involving another form of retaliation. Retribution means "paying back" the offender for what he or she has done. ( Schmalleger & Smykla, 2009, pg# 73) The victim is not alone when it comes to being affected by the crime. Society is strongly affected by what a criminal does in whichever area he or she chooses. Retribution, in a good sense, would be if a coworker does her best as her job and her boss gave her a raise. This would be considered paying her back for her good deeds. As far as the criminal's heinous acts, retribution would more than likely be community service in the town were the crimes occurred. This form of sentencing gives a sort of relief to society
Many people idealized the relevancy of living in a civilized world, where those who break the law are reprimanded in a less traditional sense of punishment in today’s standard. Instead of just doing hard time, programs and services could and should be provided to reform and rehabilitate prisoner. Despite standard beliefs, many individuals in prison are not harden criminals and violent offenders, many of these people suffer mental illness and substance abuse Hoke
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.
Ezorsky, G. (1972). Philosophical Perspectives on Punishment. Justice and Punishment. Albany, New York. State University of New York. Print.
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 ...
Furthermore, it will be looking at whether punishment could be re-imagined, and if so, what would it entail? The use of prison as a form of punishment began to become popular in the early 19th century. This was because transportation to colonies had started to decrease; transportation was the removing of an individual, in this case an offender, from its country to another country; usually for a period of seven to ten years and in some cases for ever. During this time prison was now being used as a means for punishment, this was in response to the declining of transportation to colonies. Thus, instead of transporting offenders to other colonies, they were now being locked away behind high walls of the prison.
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.
It also advocated for the abolition of the death penalty. Discretion used by judges was unlimited, which saw extremely inconsistent and harsh penalties applied to offenders, with disadvantaged offenders being given much harsher penalties than those offenders with a higher social status (Monachesi, 1955). The Classical School of Criminology worked off four main principles: firstly, that individuals act according to their rationality and their own free will, secondly, individuals will weigh up the benefits of committing the crime and compare the benefits to the consequences if they are caught, thirdly, the severity of the punishment must be tied closely with the severity of the crime to act as a deterrent to others and finally, the punishment must be carried out swiftly in an attempt to deter and reduce further crime (Jenkins,
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.