Retribution Theory Of Punishment
Punishment is an essential part of criminal justice system to impose sentences toward the offenders. Before the discussion, the definition of punishment should be mentioned. Cardozo (2000) stated H. L. A. Hart’s identification of punishment in his book as suggesting that the painful and unpleasant feeling of punishment must be involved and imposed to actual or supposed offenders who violated the law. Moreover, punishment must be governed and imposed by an authority constitution and intentionally administrated by human beings. Although society generally agrees that punishment should be imposed to the people who violated the law, the purpose of punishment is still diverse as different approaches have their own believes in the nature, rationale and justification of punishment. Therefore, it is worth to discuss the right of society to impose punishment on the offenders. In order to discuss critically, the perspectives of retribution, deterrence, incapacitation, rehabilitation and restoration towards punishment would be discussed respectively to generate a clearer picture of the right of society.
Retribution is the only theory that looking backward as concerns about the offence that offenders committed. Retribution theory is a long existed approach since Biblical times as implied as the concept of ‘lex talionis’, meaning the idea of ‘an eye for an eye’ (Bank, 2011: 109). In Bank’s discussion (2011: 109), the retributionists believe that, once the law and rule set up, it
Pros And Cons Of Probation
792 Words | 4 PagesThe word “probation” is derived from the Latin word “probatus” meaning “tested” or “proved” (Chakrabarti, 1999). Hence, Probation is defined as a sentence or adjudication of conditional and revocable release under the supervision of a probation officer. Probation is a sentencing alternative to incarceration which permits the offender to remain in the community under certain conditions (Ellsworth, 1996). Probation system was introduced in criminal justice with the intent of reforming and reintegrating offenders involved in minor offences through effective correctional treatment in the community away from prisons (Ghosh, 2001). Probation is a method of correctional treatment of the offender and his/her family, the discovery and correction of
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Sentencing Philosophies In The Criminal Justice System
663 Words | 3 PagesAs we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings.
African American Incarceration Analysis
1485 Words | 6 PagesThe retribution part is to punish the person for the crime that they permitted against society, and the incapacitation part is to remove that person out of society so they do no further harm. Deterrence means the prevention of future crime, and the rehabilitation teaches life skills and in the betterment. However, author Sandiford says that instead of solving crime, mass incarceration has infected our communities and striking them with devastating symptoms, and prison costs have skyrocketed, inmates ' families have been torn apart, and the system is overwhelmingly stratified by race and class (Sandiford,
Davidson Wrongful Deviction
158 Words | 1 PagesDavidson (2015), states crimes committed do not always receive the same punishment (p. 1). He states, the death penalty is a state’s way of enforcing power over society and administering the most harsh punishment available (p. 1). The author states, wrongful convictions and executions of innocent people is an example of a justice system that does not work for the good of society (p. 13). He explains the justice system is structured on the ideas of racism and therefore not equal equality to all people (p. 1). He offers a solution to the problem of wrongful convictions and obtaining what he feels is a 100% guarantee that the right person will be punished for the crimes committed.
Criminal Justice Restorative Justice
451 Words | 2 PagesWithin the judicial and criminal justice systems, restorative justice is seen as a forward moving process in regards to the way in which the sentencing of offenders is handled (Britto & Reimund, 2013). Restorative justice works to focus on the needs of both the victim and the offender but incorporates the community as well as those who support both the victim and offender (Britto & Reimund, 2013). The approach of restorative justice in not simply a means by which society responds to and reduces crime but instead, provides an equivalently valuable social response to crime (Dancig-Rosenberg and Galt, 2013). Furthermore, the restorative approach places emphasis on the personal and relational harms which were caused by the crime while creating space for dialogue concerning the actual damage, whether directly or
Incarceration And Prison Overpopulation
683 Words | 3 PagesTraditionally, crime has been viewed as a violation against the state. Still too little attention is given to the fact that criminal acts are also violations of the victims and the communities. Punishing and correcting offenders’ criminal behaviors should not only be conducted using the concepts of retribution, incapacitation, and deterrence, it should also be designed to repair the damages done to the victims and the communities. Many benefits are associated with shifting to the restorative justice model, for the victim, the offender, and the community. Restorative justice benefits the victims by giving them a voice regarding the accountability of the offender.
Hard Time: The Four Goals Of American Prisons
523 Words | 3 PagesDepriving criminals of their freedom is society way of making them pay for their deviance behavior. All the prisoners in the documentary are being punished for their deviance acts. Nonetheless, some have it worse than others. Retribution is revenge in a sense. Retribution is representation of the phenomenon”an eye for an eye”.
Pros And Cons Of Retributive Justice
1479 Words | 6 PagesToday our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
Pros And Cons Of Three Strikes Law
1236 Words | 5 PagesIn this paper, I will be explaining what the three strikes law is and its purpose. I will also be explaining why the three strikes law is controversial by defining the defending arguments from the pros and cons sides. I will also use relevant facts and statistics to demonstrate the response from the public in regards to the three strikes law. Lastly I will argue, why we should eliminate the use of the three strikes law due to its injustice to not only the criminals, but also to those of us who are innocent of crimes. The three strikes law was first passed in 1993 by Washington State to keep repeated criminals off the streets along with deterring crime (Clark et al, 1997).
Four Philosophical Reasons For Sentencing
1300 Words | 6 PagesCh. 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.
The Death Penalty In Stephen Nathanson's An Eye For An Eye?
901 Words | 4 PagesDeath Penalty is a very ominous punishment to discuss. It is probably the most controversial and feared form of punishment in the United States. Many are unaware, but 31 of the 52 states have the Death penalty passes as an acceptable punishment. In the following essay, I will agree and support Stephen Nathanson's statement that "Equality retributivism cannot justify the death penalty. " In the reading, "An Eye for an Eye?", Nathanson gives objections to why equality retributivism is morally acceptable for the death penalty to be legal.
Retributive Punishment: Immanuel Kant And Thomas Aquinas
718 Words | 3 Pages“Retribution” or “Retributive justice” can be defined as “a theory of justice that considers punishment, if proportionate, to be the best response to crime.” (Wikipedia, 2016) Peter Koritansky, philosopher and author made a distinction between two views on retributive punishment in his work entitled “Two theories of retributive punishment: Immanuel Kant and Thomas Aquinas” in 2005 in which he believed that the Thomistic understanding of retribution is superior to that of Kant and this write-up is going to outline the reasons as to why he think this is the case. To illustrate this, it is vital therefore that we understand the Kantian retributivism and Aquinas’s understanding of punishment. Firstly the Kantian retributivism or the theory of retributive by Immanuel Kant suggests that punishment in the form of coercion of force is necessary to establish justice and to punish criminals, he emphasized that “Punishment by a court…can never be inflicted merely as a means to promote some other good for the criminal himself or for civil society, but that it must always be inflicted upon him for the fact that he has committed a crime”
Six Basic Principles Of Punishment
1054 Words | 5 PagesPunishment on Trial: Six Basic Principles of Punishment Irvin Arias National University Punishment on Trial: Six Basic Principles of Punishment This paper explores six basic principles of effective punishment in which are most relevant for consideration when using procedures that may function as punishment to change any child's given behavior and if these factors influence whether a given contingency functions as a Punisher. There Must Exist A Behavioral Contingency
Essay On Harsh Punishment
1048 Words | 5 PagesIn the case of the death penalty, it has the added bonus in guaranteeing that the person would not offend again. Supporters of harsh punishments argue that the would-be criminal would consider the costs versus the benefits of committing a crime. If the costs outweigh the benefits, then it is assumed that he would stop what he is doing, effectively ‘deterred’. Furthermore, the usage of harsh punishments to effectively deter crime is ethically justified as it prevents more people from falling victim to crime. However it is extremely difficult to judge a punishment’s effectiveness based on its deterrence effect, consequently we must consider other variables that would entail a person to commit a crime.
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