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Philosophical justification of punishment
Importance of punishment in our society
Justified punishment philosophy
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Recommended: Philosophical justification of punishment
What is Punishment?
Punishment may be used in lieu of many things. Usually when a punishment is given it is because an individual has violated a rule or law by not following the commands in which were put into place. According to The Free Dictionary, “Punishment is a penalty imposed for wrongdoing.” (thefreedictionary.com). If a child has committed an act that was disapproved by that child’s parent, their punishment may mean an early bedtime, no television, or not being able to go out to play. An adult, in their place of employment, may receive punishment a little differently. A punishment may be given if the individual violates company policies or procedure. The punishment may involve disciplinary action that may consist of a written warning, suspension, or even termination. When dealing with criminals, or alleged offenders, a punishment is given as a form of justice. The punishment may include a fine, penalty, or confinement. The punishment is usually given to fit the crime that was committed. If one has committed a crime, the result(s) of their punishment are endless.
History of Punishment
Crime is an act that has been committed in which society is affected. Crime has been around for centuries. There are ranges for crimes. The ranges are determined by misdemeanor or felony. Misdemeanors are less serious offenses and carry a punishment of up to a year of imprisonment. Felonies are serious offenses and carry a punishment of more than a year of imprisonment. Depending on when in history a crime was committed, determined the type of punishment someone received. Crimes committed during the B.C. (Before Christ) period had a different punishment, from a person who may have committed the same crime now.
The first murder, known to man...
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... whatever the offense committed by an individual, not only violated the law, also was offensive to god. In order to correct the offense, not only for the offender but also the community, the offender had to make peace with God.
For every justification for punishment, (retribution, deterrence, incapacitation, rehabilitation, and divine will), there are reason as to why a particular punishment is used. Though each is different, each with different intentions, they all have one main goal in common. The goal of the justifications for punishment is to deter future behavior in order to decrease crime. If there were not justifications put into play to have order within the criminal system, there would be chaos and crimes being committed by everyone with very little regard for the law. Because of punishment,
There are no limits to who a punishment can be imposed up on.
Deterrence punishment is a threat to deter people from offending. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.
Punishment is the correctional goal emphasizing the infliction of pain or suffering. Throughout the years there have been many correctional goals, in varies degrees but the most dominate correctional goal has historically been punishment. Growing up and even now I have always known punishment is appropriate and
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
The Different Aims of Sentencing There are a number of reasons why a society punishes offenders. These include, among others, to discourage the offender from committing further crimes (individual deterrence), to help the offender, so that he or she won’t offend again (rehabilitation), to prevent the offender from committing further crimes through imprisonment (incapacitation) and to show society’s disapproval of the crime (denunciation). Retribution is to punish on the premise that it is a payback for the offence (Retribution carries with it the notion of “Do the crime, do the time”) Reparation is aimed at compensating the victim of the crime usually by ordering the offender to pay order to make restitution. Deterrence can as stated individual it can also be general sentence. Individual deterrence is intended to insure that the offender does not re-offend through fear of future punishment.
Catholic opponents of the death penalty sometimes seem to lose sight of the primary purpose of punishment. The Catechism of the Catholic Church says, "Punishment has the primary aim of redressing the disorder introduced by the offense." If I commit a serious offense against society, I bring about a disorder, and the point of punishment is to reestablish the lost order. If I willingly accept my punishment, "it assumes the value of expiation." And it can protect you from future crimes I might commit. The Catechism thus gives three purposes of punishment: defending public order, protecting people, and moral change in the criminal.
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
Crime is defined as any behavior that is punishable by a fine, a prison or jail sentence or in some cases both. There are two types of crime. The first type is a felony; the standard definition of a felony is any crime that is punishable by more than one year in prison or by death. The most common felonies are murder, robbery, treason, rape and kidnapping. The second type of crime is known as a misdemeanor. A misdemeanor is usually a less serious crime and is generally punishable by a fine and/ or incarceration in a county jail for up to one year. The most common misdemeanor crimes are petty theft, simple assault and minor in possession.
Crime is some action/omission that causes harm in a situation that the person/group responsible ‘ought’ to be held accountable and punished irrespective of what the law book of state say.
This study seeks to examine the role of retribution, deterrence, incapacitation, and the effect of punishment in corrections. Importantly, various studies have offered different positions in regards to using different measures to discourage crime. For instance, deterrence is the use of fear to discourage someone from acting against the laid norms. However, there have been sharp debates about the use of punishment as a deterrent to unwanted behaviors. The proponents believe that if punishment is administered with celerity, severity, and certainty, it can help in reducing crime.
Why punish? Is the use of punishment ever Justified? In Punishment: The Supposed Justifications Revisited, Ted Honderich aim to answer these questions. Society needs to establish a well thought-out moral explanation as to why we punish and what we strive to achieve with the use of punishment as it is at the core of our punitive system. Honderich set out to analyze the supposed moral claims that justify the use of punishment and to determine if they are reasonable enough for the intentional infliction of suffering and deprivation.
The definition of punishment is “a penalty inflicted for an offense, fault, etc.”. However, there are many forms of punishment. One type of punishment is “logical consequences, this technique is similar to natural consequences but involves describing to your child what the consequences will be for unacceptable behavior. The consequence is directly linked to the behavior. For example, you tell your child that if he doesn't pick up his toys, then those toys will be removed for a week” (Benaroch), taking away privileges, time outs, and corporal punishment or spanking.
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.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.
they? - do two wrongs make a right?) but why is it so important that