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The history of punishment
The history of punishment
Ancient history of punishment
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The incarceration rate in the United States has continued to climb over the past twenty years making it one of the highest in the world. Police officers have been going to work trying to put away people who are breaking the law, but why do criminals continue to do so when they know they have a good chance of getting caught? Crime has been around since societies have evolved and every society has had their own way of dealing with criminal behavior. From early tribal times where the thinking was an eye for an eye, to medieval times when people who stole a loaf of bread would be put to death by being hung, and today with a court system that decides the fate of a criminal. Throughout history the ways of punishing people have changed pretty dramatically and the theories of how punishment should be handed out has had an influence on the way we run our system today. There have been many thoughts on the root of the crime problem, some believe that there is a criminal gene and some believe its all learned behavior, but it still seems today that even the threat of being put to death for a crime doesn’t stop people from committing them. In today’s society the ends outweigh the means and people will go to extreme measures to have a piece of the pie, so we must continue to try and deter these criminals through the threat of punishment.
Early tribal societies had primitive legal systems which were maintained through norms and traditions. They had no written laws, just the norms that had been passed down from person to person throughout hundreds of years. An example is Hammurabi’s code, an eye for an eye. Whatever crime someone commits the same crime shall be committed against that original person, this was the way to solve or punish crimes. A...
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...ill continue to happen and criminals will continue to find ways to break the law and get away with it, the history of punishment has changed and with threat of being punished maybe people will decide to change their mind about crime
Works Cited
Hoffner 1997:71, G. Skoll Contemporary Criminology and Criminal Justice Theory pg 26
"Torture in the Tower of London, 1597," EyeWitness to History, www.eyewitnesstohistory.com (2005).
Chambliss 1964 Laws of Vagrancy, pg394
Crime and Punishment in Victorian England, James Jackson, May 30, 2009
Lecture notes 9/14
Contemporary Criminology and Criminal justice Theory, G. Skoll pg. 27
Cesare Beccaria, Of Crimes and Punishment Chapter 2
George H. Mead, March 1918, The Psychology of Punitive Justice pg 585
Release Preparation, Federal Bureau of Prisons,
http://www.bop.gov/inmate_programs/release_emp.jsp
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.
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
Early societies were based on a simple code of law: "an eye for an eye
Today, half of state prisoners are serving time for nonviolent crimes. Over half of federal prisoners are serving time for drug crimes. Mass incarceration seems to be extremely expensive and a waste of money. It is believed to be a massive failure. Increased punishments and jailing have been declining in effectiveness for more than thirty years. Violent crime rates fell by more than fifty percent between 1991 and 2013, while property crime declined by forty-six percent, according to FBI statistics. Yet between 1990 and 2009, the prison population in the U.S. more than doubled, jumping from 771,243 to over 1.6 million (Nadia Prupis, 2015). While jailing may have at first had a positive result on the crime rate, it has reached a point of being less and less worth all the effort. Income growth and an aging population each had a greater effect on the decline in national crime rates than jailing. Mass incarceration and tough-on-crime policies have had huge social and money-related consequences--from its eighty billion dollars per-year price tag to its many societal costs, including an increased risk of recidivism due to barbarous conditions in prison and a lack of after-release reintegration opportunities. The government needs to rethink their strategy and their policies that are bad
Crime control, consisting of many elements of prevention and punishment, is a widely debated and often contentious topic. Myriad agendas occur in government and society, depending upon the kind of organizational or philosophical objective trying to be met. Political differences are present within the criminal justice system that draw upon certain models, techniques, and methods associated with crime prevention. Society functions as another element in crime control, as often an underlying fear creates a pressure to enact programs and laws. The media enters in as a forum to present conservative and liberal opinions to enact and enforce criminal laws and punishment. A debate over crime often strives to define prevention and punishment, in models that make these terms mutually exclusive, versus a view that crime prevention is a result, and punishment only one possible tool for achieving that result. Different forms of punishment will be discussed in relationship to the criminal justice system as well as the purpose the punishment serves, problems relating to the punishment, and an opinion on improvements and solutions.
There are several fundamental problems within America’s penal system. First, the name “penal” system indicates that the main focus is punishment. Punishment is meant to “teach them a lesson,” i.e. deter the convicts from future crime. Reasonable or unreasonable, punishment often results in the punished resenting and holding negative feelings for the punisher. If society is the punisher, inmates will not be motivated to go back into the general populace as a valued and productive member of society. Furthermore, prison has been commonly known to be both a training ground for more sophisticated crime as well as psychologically hardening nonviolent or innocent inmates that were falsely accused.
In the news today there is an article about a high-school boy who brought guns to school and shot several students. The parents of the victims are suing various computer game companies saying that the violent games present shooting and killing people as pleasurable and fail to portray realistic consequences. A representative of one of the companies released a statement saying that this is another example of individuals seeking to elude responsibility that has become so common in our society. This case is not about software. What is on trial is the age-old debate between nature and nurture, which also lies at the center of Fyodor Dostoevsky's Crime and Punishment.
Many observers have drawn a simple correlation between these two trends. Putting more offenders in prison caused the reduction in crime. The Sentencing project has just completed a study that examines this issue in great detail and concludes that any such correlation is ambiguous at best. In examining the relationship between incarceration and crime in the 1990s the picture is complicated by the seven year period just prior to this, 1984-91. In this period, incarceration also rose substantially, at a rate of 65%. Yet crime rates increased during this time as well, by 17% nationally. Thus we see a continuous rise in incarceration for fourteen years, during which crime rose for seven years, then declined for seven years. This does not suggest that incarceration had no impact on crime, but any such connection is clearly influenced by other factors. A comparison with other nations is instructive in this rega...
From the beginning of the Criminal Justice System, the obsession was with prison and punishment. In the last few years, this focus forced the jail and prison populations to skyrocket higher than any other place in the world. There is never a class we are not reminded there are currently 2.3 million people in United States prisons and jails. The criminal justice system or the correctional system has not changed yet remained its focus on deterrence and isolation not on the proactive ways of dealing with crime.
A famous line from the movie The Usual Suspects goes “The greatest trick the devil ever pulled was convincing the world he didn’t exist”. This is exactly what Dostoevsky does in his most famous novel Crime and Punishment. Throughout the novel references to God and forgiveness abound. There is a much darker side to what Dostoevsky writes though. If you have God working in your life unfortunately you also have the devil working in your life, and this is what happens to the main character of the book, Raskolnikov. He is given many chances to do the right thing and not sin, yet the devil still provides even more temptations, and gets Raskolnikov to fall into the trap of murder. Yet God does still give you chances for forgiveness and wants you to reject your sin. The devil works in any way he can to get men to sin, but God will send a way to get you to forgive your sins and come back to him and leave the devil’s ways, and that was Dostoevsky’s main point of Crime and Punishment.
With society being as it is today, crime is inevitable. With so many high school dropouts, many of the jobs moving overseas, the slow job market and the drugs, there is bound to be someone who feels the need to cheat, rob, steal or kill to get what they feel they or their family needs at the time. Public policy is taken on by the government to ...
Nationally, every 7 minutes, another person enters prison. And every 14 minutes, someone returns to the streets, beaten down and, more often than not, having suffered a great amount of violence during his or her incarceration. Professionals will tell you that incarceration really does very little to stop crime, but we go on spending billions of dollars in order to lock up more and more people. We have become the country with the highest incarceration rate in the industrialized world. (National Criminal Justice Commission)
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
Crime and Punishment and Notes from the Underground Fyodor Dostoyevsky's stories are stories of a sort of rebirth. He weaves a tale of severe human suffering and how each character attempts to escape from this misery. In the novel Crime and Punishment, he tells the story of Raskolnikov, a former student who murders an old pawnbroker as an attempt to prove a theory. In Notes from the Underground, we are given a chance to explore Dostoyevsky's opinion of human beings.
Criminology is the complex study of why crime happens, when it happens, by whom and who is the victim. Criminology encompasses multiple fields and they all work together to help us understand the world that we live in. Through criminology, we hold out hope that in the end good will prevail. We have come far from the days of Cesare Beccaria, Jeremy Bentham, Richard Dugdale, and many others. When looking at the progression of criminology, we can see that without those pioneers in the beginning, we would not be where we are today. Classical, Neoclassical, Biological, and Psychological theories are each very different, but compliment one another as a jigsaw puzzle that in the end is a map for us to follow.