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Essay on retribution and prevention
Traditional roles of punishment
Traditional roles of punishment
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The retributivist philosophy of punishment looked at in an abstract sense, isolated from normative systems of justice, raises a multitude of concerns regarding the morality of its practice. Retribution is controversial due to the factor that it doesn't look at punishment in terms of rehabilitation, but rather in the terms that a criminal action requires a reaction that involves punishment. Within retribution justice is not served whilst considering actions, circumstance, and consequences all together, instead simply considering the actions or possible crime that were committed.
These components of retribution trigger within most people a sense that retribution can not be a just or moral practice of punishment, seeing that it negates righteousness,
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Likewise it is integral for members of society in addition to justice to have a genuine obligation to be fair, compassionate, and righteous in order to be complete moral agents. Being that these feelings of righteousness are commonplace, the controversy of retribution lies within the philosophy that regardless of circumstance a crime warrants a particular punishment, and it is rigid and unmoving. Retribution is blind to the magnitude of an individual's crime, focusing on the simple fact that a crime was committed and must be balanced with a predetermined …show more content…
The line between what is criminal and what is a preference of values is blurred. Garland and Duff argue in their introduction to Thinking about Punishment that "decision-makers will always face normative conflicts which cannot be generally resolved or settled in advance." This argument about the overall justice system seems even more integral to argue when such a rigid and definitive philosophy of punishment such as retribution is being presented. Although most of humankind has an intuition of actions that are generally good or bad, wrong or right, retribution relies too heavily on those administering the punishment to be distinctly correct about all their assumptions of the right way people are supposed to live their
The author believes the maldistribution of any punishment is not relevant to its justice – The guilty are punished, not one’s race, economic, or social status.
Igor Primoratz defends the retributivist idea that a punishment is justified only if it gives a criminal his just deserts. But what do criminals deserve? Primoratz argues for the following principle: criminals deserve to be deprived of the same value that they deprived their victims of. Primoratz regards all human beings as possessed of lives of equal moral worth, and believes that the human life is the most valuable thing. He thinks that murders deserve to die. Since justice is a matter of giving people what they deserve, it follows that justice demands for murderers to be executed.
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.
Retribution is the philosophy best explained by the famous saying, “an eye for an eye”. Those that believe in this form of justice hold a strict and harsh view on punishments for crime. The proponents of retribution believe that severe penalties act as deterrence to future crime, however, studies
What would the criminal justice system be without punishment? Perhaps, the criminal justice system would not serve a function or cease to exist. Punishment is one of the main facets of the criminal justice system. It holds such significance that it even reflects the beliefs and values of a particular society. Fyodor Dostoyevsky (1821-1881) once said “The degree of civilization in a society can be judged by entering its prisons.” (Pollock, 2010: 315). Punishment has been around since the beginning of civilization. With its rich history, the concept of punishment has been analyzed by some of the most renowned theorists, some of which include Jeremy Bentham, Cesare Beccaria, Adolphe Quetelet and André-Michel Guerry (Pollock, 2010: 318). Once found guilty of an offense the type of punishment must be determined. There are many different rationales used to answer why it is necessary to inflict punishment. Rationales for punishment include retribution, prevention, treatment and rehabilitation. To better understand these rationales ethical systems such as utilitarianism, ethical formalism and ethics of care can be used. The general public should be knowledgeable about punishment, even more so should professionals in the criminal justice field because they are directly linked to it in some way.
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...
The first of the five goals of sentencing is retribution. This goal is pretty cut and dry because it states that “we are justified in punishing because and only because offenders deserve it” (Moore 1992: 188). Those who do the crime must ultimately do the time. This punishment should be appropriate to the type and severity of the crime committed. Retributivists look at the
This paper considers the desert arguments raised to support retributivism, or retribution. Retributivism is "the application of the Principle of Desert to the special case of criminal punishment." Russ Shafer-Landau and James Rachels offer very different perspectives on moral desert which ground their differing views on the appropriate response to wrongdoing. In "The Failure of Retributivism," Shafer-Landau contends that retributivism fails to function as a comprehensive theoretical foundation for the legal use of punishment. In contrast, in his article "Punishment and Desert," Rachels uses the four principles of guilt, equal treatment, proportionality and excuses to illustrate the superiority of retribution as the basis for the justice system over two alternatives: deterrence and rehabilitation. Their philosophical treatment of the term leads to divergence on the justification of legal punishment. Ultimately, Rachels offers a more compelling view of desert than Shafer-Landau and, subsequently, better justifies his endorsement of a retributive justice system.
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)
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?
Retributivism is the set of theories of moral justification of legal punishment predicated on a concept of desert. Punishment under a just law is justified because the moral agent, having broken an objective moral rule, is responsible for his or her actions and must suffer for them. Traditional retributive punishment is an application of deontological ethics (ie. duty based ethics or rule based ethics) and so stands in contrast to consequentialism, or the idea that the morality of an action is determined by its ramifications thereafter. For the retributivist, punishment is the “right” thing to do because it satisfies innately valuable moral concepts like justice or fairness.
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.
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
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.
Retribution should be taken for the violent crimes that are committed. Justice means that criminals get what they deserve. The punishment must fit the crime.