2016). Using this ethical framework to argue against torture, one needs to consider the violation of the terrorist’s rights. Utilitarians argue that under a scenario where thousands of people are in danger, the well-being of the larger community is more important than neglecting the rights of a single individual (Krauthammer 2005). The simple idea of taking away a person’s autonomy for the sake of others violates rights ethics. To comprehend the violation upon the victim’s rights, it is important to understand how torture feels, “Brian describes his body as having become an object… pain is the central reality; it dominates experience and expression (Wisnewski 2010, 81).”
Foucault argues, that the function of punishment is not to deter crime, rather it is to illustrate the power of the state. In 1700s executions were common public spectacles where torture was used to humiliate and inflict pain and suffering. In contemporary society, Foucault argues new forms of punishment are used, such as discipline based surveillance. The purpose of the technique is used to gain similar ends, by managing and controlling offenders in a more humane
Imprisonment should have a deterrent effect as believed by the Quakers, but most importantly, it should serve as a function of reforming and rehabilitating the imprisoned individuals as well. From the 1940’s to the 1960’s, rehabilitation of offenders came into more light, at least in concept. It was a major goal in the system of how incarceration and other forms of corrections should be viewed. Between the 1970’s and the 1980’s, there was a reappearance of retributivism, or the ‘justice model’, which argues that wrongdoers are responsible for their acts, and therefore they deserve to be punished if they violate the law. The United States is also composing a utilitarian model to deal with crime and criminality.
According to the model, participants ' behavior was dictated by the social norms of the surrounding condition rather than personal ones. Consequently, another factor promoting deindividuation is the decreased sense of responsibility for one 's behavior (Zimbardo, 1969, 1971, Diener et al, 1976). A good example of this factor would be the abusive measures taken by guards to punish prisoners for insubordinate behavior, for they were aware of the presence of a superintendent as a higher position (Zimbardo, 1971).
The discussion of torture is a touchy one in regards to its place in the justice system. People struggle to find a place for it between what is morally right and what is realistically necessary. In the state that the world is in today, due to frequent terror attacks, the topic is more crucial and controversial than ever before. In Michael Levin’s “A Case for Torture”, he presents his beliefs on how accommodations can be made for torture in order to uphold the safety and well-being of the world. Levin’s main argument explains that in order to maintain morals, the use of torture must be evaluated on a case-to-case basis.
The US abides by the motto of “Tough on Crime.” Citizen and political leaders believe that by employing incarceration as a persistent threat it will invite people to conform to social norms and discourage in engaging in illegal behavior. Although data shows that high incarceration in neighborhoods results in a future increase in crime. The perpetuation and reasons of mass incarceration come from prejudice ideologies and attitudes that are ingrained into the fabric of society. People of color are targeted, arrested, and punished for crimes.
The 19th century brought a change in the dynamic of the prison system. Public offense and shaming gave way to penitentiary to “prepare for life as law-abiding citizens.” This change is now clearly seen as the just move, extending dignity and a second chance to most inmates. However, there would be certain drawbacks, as were witnessed in later years. As John Esperian writes, correctional thinking always “reflects the ideas and values of the societies and governments which mandated it.”
Those who find themselves sentenced to time in a penitentiary, jail, or prison are at risk of either being broken or strengthened by the time they spend behind bars. There is a great debate of whether or not the prison system in the United States is positive or negative. The following will briefly highlight the positives, negatives, and possible alternatives for our nation's prison system. First, there is a long list of negatives that the prison system in America brings. The prison system is filled with crime, hate, and negativity almost as much as the free world is.
The biggest fear that many students around the world attempt to avoid is to be physically and emotionally damaged. The goal is to blend in with well-respected classmates and to fit in with others. Although, to those who do not achieve this goal, they are usually targeted by an immature bully. However, an average bully is able to create a more fierce bully within an innocent victim. Perhaps a monster is enraged and caged inside of everyone.
The Justice Reinvestment Act implemented major changes to the law of sentencing and corrections. “The biggest change since the Structured Sentencing Act (Markham).” The Structured Sentencing Act was somewhat of a precursor for the JRA. This act gave judges a set of standards to follow when sentencing a criminal, with clear guidelines for judges to follow. While also looking after public interest.
Analysis of "More God Less Crime." In the book More God Less Crime the author focuses on a central topic of how faith based institution and individuals can aid in reducing crime in society. The book stresses that these new faith based policies can implement a life long lifestyle change. In our society today, there are many dangerous problems we face from false imprisonment to youth violence.
Supposedly capital punishment was created to deter criminals from committing horrible acts of rape and murder, however, today judges and the jury are eager to make anyone the scapegoat for the crimes committed; even the innocent. Nowadays, the judicial system becomes more discriminatory, toward gender, income, and race, in capital crime cases because of the desire to find, what is hoped to be, justice. When someone is convicted of any crime and is in the process of being arrested it is a law that his or her Miranda Rights must be stated before the arrest takes place. One of the major rights stated is “ If you cannot afford an attorney one will be appointed to you.” Now, if the person being arrested has a higher income normally the attorney hired is very experienced and can make the most guilty person sound innocent.