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Recommended: Deterrence in crime
Retribution
Currently, most people are convinced that retribution serves as the best response to crimes and criminal activities. Researchers indicate that there has been a general strengthening of the attitude of the public with regard to crime over the last two decades. In addition, the researchers say that there has been a rise in the social acceptance of retribution towards criminal acts. Retribution, often perceived as the “ just deserts “ entails a complex ideology of punishment in which there has to be some form of punishment for any type of crime(Lambert & Clarke,2015). In addition, retribution asserts that the type of punishment given needs to be in proportion with the harm that the crime caused. The retribution ideology is based on
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By definition, deterrence refers to the belief that society has the ability of halting any criminal activity, by ensuring that it makes the punishment more severe than the gains of the crime (Lambert & Clarke,2015). Deterrence takes place in two forms; the specific deterrence and general deterrence. the difference between the two is that in specific deterrence aims at individual criminals. In this regard, by ensuing that the punishment is harsher, the chances of the offender repeating the same crime in the future is reduced(SAGHAFI,2012). On the other hand general deterrence is used in the public where the society aims at making an example of the offender(Lambert & Clarke,2015). Essentially, the point is to make the other people learn the lesson, to avoid committing the same crime. A good example of deterrence is punishing a person that stole something from someone else by making the criminals stay without food for an entire week. This form of punishment aims to show the offender that stealing did not have any benefits that outweighed staying hungry for a whole week. They would therefore reconsider before stealing again. Showing this to the public will also warn the others from stealing, lest they suffered the same …show more content…
However the proponents argue that in most cases, the offenders show remorse after they have been sentenced to death. They take the time to repent show their remorse ad according to Smith, (2015), most of them show spiritual rehabilitation. The proponents therefore they argue that by accepting the deaths sentence as a punishment, the offenders gain the ability of expiating their evil acts and also avoid more punishment in the next lives (SAGHAFI,2012). Although this argument seems farfetched, researchers argue that, the offenders that are in the each row experience some form of
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.
Herbert Morris and Jean Hampton both view punishment as important to a healthy society. However, their views on what kind of role does punishment plays in a healthy society are vastly different. Morris believes that when one commits a crime they “owe a debt to the society and the person they wronged” and, therefore the punishment of that person is retributive, and a right for those who committed this wrong (270). Hampton, on the other hand, believes that punishment is a good for those who have strayed in the path of being morally right. Out of the two views presented, I believe that Hampton view is more plausible, and rightly places punishment as a constructive good that is better suited for society than Morris’s view.
The TV show, Law and Order: Special Victims Unit, often addresses criminal deviance such as rape and murder. In the episode, “Scorched Earth,” an African immigrant maid becomes a rape victim of a rich, Italian prime minister named Distascio (Wolf). This episode highlights how status can affect perception of certain deviant behaviors. Additionally, it addresses contemporary America’s values toward types of deviant acts, and sanctions that go along with them.
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.
The theory of punishment as a whole is worth investigating as well. My largest argument against the theory of punishment is that it is not a fair or just operation. The concept of punishment is a way to intentionally harm people. This is not a just way of making a case right, or making a victim heal from any crime they may have been a part of. The victim is not compensated for the damage or harm caused to them. Punishment, in the retributive theory will really only do good in that it deters people from committing crime because they are scared of the punishment- but this simply does not work as well as it should. The restitution theory does not address the issue of who is entitled to cause harm to others, or punish said criminals.
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)
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
Retribution (1900-1905) refers to an idea that offenders should be punished for committing a crime, but would not punish someone who was forced to commit a crime, i.e. duress. It can be sometimes viewed as a ‘revenge’ or ‘an eye for an eye‘.
Retribution is a justification for punishment and not a theory about substantive criminal law. But what justifies also limits. Retribution offers solid moral bases for opposing overcriminalization. Retribution is the type of punishment that indicating the vengeance or revenge. It is the idea of an ‘eye for an eye’ or ‘tooth for a tooth’ basis. The punishments given are for the response to the offender to the crime that he had done. For example, the death penalty to the crime of murder. It is a form of ‘striking back’ . Basically, there are two rationales in this theory of punishment are first, for the victims or their relatives in the case of death, that the state represent for their dissatisfaction towards the offender. Besides, this also protect from they having private retaliation to the offender. Second, is for the public at large that the public has a need for revenge. Punishment is considered an expression of justified anger by the victim due to the violation of trust demanded by society .
Deterrence suggests that people are “deterred” from a crime by the threat of punishment. In other words, people won’t commit a crime if the ramifications that were to follow are so severe. Deterrence comes in two flavors, specific and general. Specific deterrence refers to the “threat of punishment” being directly aimed towards a particular individual who has already committed the crime through actually experiencing the punishment first hand. An example of this may be, being convicted of a crime and as a result being sentenced to so many years in jail or prison. However, in order for it to be successful, the “previously ...
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.
Deterrence means to punish somebody as an example and to create fear in other people for the punishment. Death penalty is one of those extreme punishments that would create fear in the mind of any sane person. Ernest van den Haag, in his article "On Deterrence and the Death Penalty" mentions, "One abstains from dangerous acts because of vague, inchoate, habitual and, above all, preconscious fears" (193). Everybody fears death, even animals. Most criminals would think twice if they knew their own lives were at stake. Although there is no statistical evidence that death penalty deters crime, but we have to agree that most of us fear death. Suppose there is no death penalty in a state and life imprisonment without parole is the maximum punishment. What is stopping a prisoner who is facing a life imprisonment without parole to commit another murder in the prison? According to Paul Van Slambrouck, " Assaults in prisons all over US, both against fellow inmates and against staff, have more than doubled in the past decade, according to statistics gathered by the Criminal Justice Institute in Middletown, Connecticut" (Christian Science Monitor, Internet).
When a child is bad, he or she gets some type of punishment, for example when one lies or cheats on a test. They will get a consciousness/ punishment of not being able to watch television or being as how cheating on a test is a more severe wrong than their punishment will be worse. Depending on what the child did wrong or bad the punishment will depend on how severe the consequence will be, because when an actual crime is done, then what would be the punishment if a small crime gets all the attention when it really does not need to be. The harsher the punishment the more aware a person will be before committing the crime. It does not mean it will stop the person but will allow them to think more thoughtfully.
Critically evaluating the accuracy of this statement 'Punishment should be commensurate with the seriousness of the offence. The fundamental principle of desert in punishing convicted persons is that the severity of the punishment should be commensurate with the seriousness of the offender's criminal conduct. The focus of the commensurate deserts principle is on the gravity of past conduct, not on the possibility of impending behaviour this retrospective orientation distinguishes desert from the crime-control goals of dissuasion, incapacitation, and therapy. The criterion for judging if a penalty is deserved is whether it honestly reflects the severity of the criminal conduct of which the offender has been convicted, rather than its success in preventing impending crimes by the defendant or other potential offenders. The rationale of the principle may be stated as follows. Punishment involves blame; it is a defining characteristic of punishment that is not merely unpleasant (so are many other kinds of state intervention) but also characterizes the person punished as an offender who is being censured or reproved for his or her criminal act. The sternness of the punishment brings the amount of blame: the sterner the punishment, the greater the implicit censure. The amount of punishment therefore should comport, as a matter of justice, with the degree of blameworthiness of the offender's criminal conduct. The principle of commensurate deserts addresses the question of al- location of punishments that is, how much to punish convicted offenders. This allocation question is distinct from the issue of the general justification of punishment-namely, why the legal organisation of punishment should exist at all. In arguing that the commensu...