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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
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.
Punishment has been a topic known to interest people, from famous philosophers such as Jeremy Bentham and Adolphe Quetelet to just about anyone. The topic of punishment will continue to demand a better understanding. Punishment has been around since the beginning of civilization. Inevitably, with time the forms of punishment considered acceptable today are going to change. Without punishment would our criminal justice system cease to exist? Or would a functioning society cease to exist for that matter? Society will probably always rely on one form of punishment or another. 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.
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.
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)
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.
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.
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.
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.
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.