Utilitarianism In The Criminal Justice System

What is Utilitarianism? Describe its main features and its relevance to the criminal justice system.

In addition to the Week 4 slides presentation, also refer at a minimum to Braswell M., McCarthy, B., & McCarthy, B. (2011) "Justice, Crime, and Ethics" - e book Section 1 Chapter 2.

Jeremy Bentham (1748 – 1832), known as the father modern of Utilitarianism, defined as the “fundamental axiom” of his vision; the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong.” Jeremy Bentham and John Stuart Mill are renowned proponents of Utilitarianism. Utilitarianism is the greatest form of consequentialist theory. Both come under the umbrella of Teleological Theory, from Greek telos, “end” and

It stipulates that the consequences of one’s actions are the ultimate benchmark for judgement about the appropriateness or wrongness of that action. In Consequentialism, the right is maximised by the good. Consequentialism, in its extreme form is often stated as… “the ends justifies the means.” – if the outcome is important enough, then any method of attaining it is, is satisfactory.

Bentham was a significant social reformer who supported the rights of individuals including equal rights for women, the right to divorce, the decriminalisation of homosexual acts, the abolition of slavery, the abolition of the death penalty and much more. He is one of the most prominent names in the reform of the corrections system and rehabilitations of prisoners.

Two of the most important aims of sentencing are deterrence and rehabilitation. These two goals have future consequences in mind. For an offender to live a stable life in the community, rehabilitation, helps achieves this goal. Deterrence aims to deter the offender from future offending, but also send a message to the community of the possible criminal sanctions if they offend. Both deterrence and rehabilitation aim to maximise pleasure and minimise