How does classical criminology clash with modern day philosophies about punishment? Classical philosophers like Cesare Beccaria argue that cruelty is inextricably interwoven with the glowing side of liberalism. As a result, cruelty could survive and prosper within the reformed and liberalized states. These philosophers argued that cruelty persisted within the economic and judicial sphere. Beccaria was of the opinion that punishment had to be removed from the hands of the church completely, and left to the secular legislators.
The arguments and claims presented in “Rough Justice” are not just briefly explained. Instead, the author develops and conveys his message consistently throughout the whole passage, avoiding any illogical claims or fallacies. For example, the author constantly reiterates how “‘In Britain and in America, they keep very strongly to the presumption of innocence’” (Reyes 182). By being persistent and and reiterating his message, Alejandro Reyes avoids the use of illogical
There are many debates on how to punish offenders and how to stop them re-offending. Retribution Theorists believe in the old fashion way of punishment, an ‘eye for an eye’ and that the suffering of the victim should determine the level of punishment, for example if a victim is brutally murdered, the offender should pay the price and suffer from a range of punishments themselves. Therefore the punishments differ to the seriousness to the crime, from theft to murder, minor to serious punishments occur. Whereas a reductivist approach believes that we punish offenders to help them change for the better which would be to rehabilitate them for example. (Cavadino 2013) states that the rehabilitation programs might “facilitate change” rather than
In Michael Levin’s “The Case for Torture”, he uses many cases of emotional appeal to persuade the reader that torture is necessary in extreme cases. There are many terms/statements that stick with the reader throughout the essay so that they will have more attachment to what is being said. Levin is particularly leaning to an audience based in the United States because he uses an allusion to reference an event that happened within the states and will better relate to the people that were impacted by it. The emotional appeals used in this essay are used for the purpose of persuading the reader to agree that in extreme instances torture is necessary and the United States should begin considering it as a tactic for future cases of extremity. One major eye catching factor of this essay is the repetitive use of words that imply certain stigmas.
In Michael Levin's The Case for Torture, Levin provides an argument in which he discusses the significance of inflicting torture to perpetrators as a way of punishment. In his argument, he dispenses a critical approach into what he believes justifies torture in certain situations. Torture is assumed to be banned in our culture and the thought of it takes society back to the brutal ages. He argues that societies that are enlightened reject torture and the authoritative figure that engage in its application risk the displeasure of the United States. In his perspective, he provides instances in which wrongdoers put the lives of innocent people at risk and discusses the aspect of death and idealism.
Stephen Chapman’s essay “The Prisoner’s Dilemma,” compares two different cultures and their ideologies with regards to justice and punishment. Chapman’s topic can definitely be seen as controversial as it questions the morality of both foreign and western societies justice systems. If one is not reading and thinking objectively it can strike a mine is better mindset within the reader in the first page of his argument. The viewpoint he takes is not one that is commonly displayed nor talked about. Stephen Chapman’s claim in the essay is essentially that western societies prison system is a more cruel form of punishment than middle eastern practices of physical harm.
Without any proof, a person can be punished for a crime for being accused of it. No excuses were tolerated for receiving a punishment. If a person begged for mercy or forgiveness, the torture methods had the potential of being much worse (Lestikow). Common torture methods were beating, burning, drowning, poisoning, and stretching a criminal 's body.
In Darrow’s closing argument he gives his famed “A Plea for Mercy” to the judge. This plea not only acted as a conclusion to his defense, but it also acted as an introduction the eradication of the death penalty. Darrow uses a mix of ethos, pathos, logos, and other rhetorical devices to impose a merciful effect on his audience in hopes to reduce his clients punishment and the use of capital punishment. Darrow gracefully uses all three appeals when referring to the rise of crime after war “I know that it has followed every war; and I know it has influenced these boys so that life was not the same to them as it would have been if the world had not been made red with blood.
It pains me to say that I will not have the satisfaction of giving each and every one of those people who escaped or not the credit and appraisal that they so dutifully deserve. No, in this essay I will be focusing on three people, each with their own hardships and their own “imprisonments”, whether those “imprisonments” were literal or not; they deserve to be appraised. All three of these people contrast against each other greatly but, at the same time have immense comparisons. For example, all three of these people are minorities but, only two of them are male.
Ch. 9 8. Identify, define and discuss the four basic philosophical reasons for sentencing The four basic philosophical reasons for sentencing are retribution, deterrence, incapacitation and rehabilitation. Retribution philosophy is defined as a philosophical that those who commit criminal acts should be punished based on the severity of the crime and that no other factors are to be considered during sentencing.
My opposition to torture fall under the beliefs of the absolutist Kant, who states that no matter what the circumstance is, something that is wrong will always be wrong (Boothe 2006, 12). Therefore, concerning the issue of torture, in this world or any other world, torture is immoral. In this paper, I will employ the ethical frameworks of virtue, rights, and fairness to argue against torture when viewed from the perspective of the victim, the torturer, and any outside source. Furthermore, I will dismantle the ticking-bomb scenario by deducing the incapability to achieve full certainty deeming these scenarios unrealistic.
Both sides have their positive sides regarding the concept of justice. Before the trial ensued, an ideological conflict already existed. This explains that the trial does not serve to resolve a human problem, but mediate and cultivate a new belief system that reaches an overarching
While analyzing “The Torture Myth” and “The Case for Torture”, it is very clear to see the type of rhetorical appeals used to persuade the audience. Anne Applebaum, the writer of “The Torture Myth” --in context of the decision of electing a new Attorney General--would argue that torture is very seldomly effective, violates a person’s rights, and should be outlawed due to the irrational need upon which physical torture is used. On the other hand, Michael Levin strongly argues that physical torture is crucial to solving every imminent danger to civilians. Levin claims that if you don’t physically torture someone, you are being weak and want to allow innocent people to die over something that could have been simply done.
There is space for arguments to determine to what extent torture can be accepted as the right choice of action and to what extent this is not applicable. One of the core features of this essay is that here
After arguing the failure of prisons, Mendieta establishes his agreement with Davis’ anti-prison rhetoric without introducing the author, her book, or other various abolitionist efforts, “I will also argue that Davis’s work is perhaps one of the best philosophical as well as political responses to the expansion of the prison system...” (Mendieta 293). The article’s author also assumes that readers are familiar with specific torture tactics used on prisoners,“...the United States is facing one of its most devastating moral and political debacles in its history with the disclosures of torture at Guantanamo, Abu Ghraib, and other such prisons…” (293). Mendieta’s act of assuming that readers will already be familiar with Angela Davis and her work, as well as the specific methods of torture used by certain prisons, may cause readers to feel lost while reading the