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Utilitarian Perspective Analysis

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Shaw believes that a Utilitarian perspective supports the foundations of criminal law because laws help people have a sound mind and a good life. This is because laws protect personal belongings and self. Shaw suggests criminal law should be viewed from a Utilitarian perspective since it helps the overall well-being of society. Some things are breaking the law but are not to be punished as harshly as others. For example, a person speeding over the posted speed limit would not need to be sent to prison like a person who murders someone. The Utilitarian perspective is that of whatever results in the greater good for the greatest number of people is what is right. Punishment can only be justified, according to the Utilitarian perspective, …show more content…

Shaw rejects this perspective because minimalists believe that the purpose of criminal law is to accumulate and respect the rights of people, which means they do not agree with maximalist’s perspective on criminal law. Maximalists’ perspective is that the purpose of criminal law is not to rehabilitate, but rather punish convicts for their immoral actions. Shaw also rejects this perspective because punishment does not take future efforts of criminals to be morally sound into …show more content…

They want to make sure when punishing an immoral act, there is benefit to society. Shaw says this because utilitarianism does give established laws and reasoning behind them. Shaw also says that Utilitarians say that our system of punishment as it functions, succeeds in rehabilitating many convicts and discourages them from future mistakes. his reasons for saying this. I think that Utilitarians favor exploring the alternatives because doing something to someone, even a criminal, who has committed a heinous crime, morally wrong, and two wrongs do not make a right, it is setting the wrong view for society. I do not agree with not punishing people who do wrong things. I feel that no matter how big the crime or infraction is, there must be punishment, if not then society will keep breaking the rules, and then we would live in an unsafe world, we would not have a sound mind, and be able to function,

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