A Philosophical Approach to Crime and Punishment

Biological Theories have been related to crime for a long time. The Biological Theory talks about how one’s brain has an impact on committing crime or not. Dr. Jim Fallon, a neuroscientist from California talks about the biological influences in a brain. He believes that the combination of three major aspects can determine whether someone is psychopathic or not. Fallon states a combination of genes, damage to the person 's brain and the environment surrounding the individual will have the biggest impact on a person (Fallon, 2009). A real world example of the biological theory in full effect was the crimes of David Berkowitz, aka “Son of Sam. Berkowitz was accused and found guilty of killing over 6 people in New York City. After being convicted and locked up for a few years, studies had shown that Berkowitz had been diagnosed with schizophrenia. Berkowitz also claimed that his neighbor’s dog, Sam had told him to do the killings as well (Biography). Comparing the Biological theory to my own life was pretty simple because there is a genetic factor that runs in my dad’s side and that is tempers. Tempers tend to flare fairly easy, and luckily so far there has no issues with the law, however like Fallon had said, with the right combination, anyone is possible to commit a crime at any time. I feel like in a biological theory, this would have a major impact on my life

Utilitarian’s try to separate the action from the actor, and look at the bigger picture over the individual. Followers of Kant, disagree with this approach, and claim that in this system, minorities and individuals are often overlooked and brushed aside. Kant argues that any action cannot be moral unless the motives are moral.

Consider the design of a puppet. When observing this structure, one will give attention to the source of the puppet’s actions being dictated by the puppeteer. These actions are able to be transmitted from the will of the puppeteer into the puppet through the strings that the puppeteer uses to control specific parts of the puppet. Furthermore, one can infer that the strings of the puppet are the motive behind the puppet’s action. If the puppet’s actions are disoriented or even disjointed, one can infer that the strings or the motives behind the puppet’s actions are conflicting. A notable literary example of this depiction can be found in Victor Hugo’s Les Miserablés. Late in Book V: Valjean, Jean Valjean describes the method of reasoning behind Javert’s suicide when he says, “To owe life to a criminal...to betray society in order to remain true...these absurdities should come about and be heaped on top of him...it was this that defeated him” (Hugo 1181). Javert’s adherence to his internal conflict imploded and eventually influenced his suicide; a reader might see Javert’s decision and confirm that an inner conflict of motives prompted his unanticipated action. Fyodor Dostoyevsky, a 19th Century existentialist Russian author, portrays a similar theme in his book Crime and Punishment which tells the story of a man named Raskolnikov, the suspect of a murder case, who appears like a puppet with actions that become increasingly

Marxist Theory and Crime and Punishment Throughout human history countless philosophers have risen with what they thought to be the best form of government for society as a whole.  Karl Marx may be the most influential philosopher in Russian history.  According to The Free Dictionary, Marxism is the concept that “class struggle plays a central role in understanding society's allegedly inevitable development from bourgeois oppression under capitalism to a socialist and ultimately classless society”.  With this theory, Marx had a great impact on Russian literature; specifically,  Fyodor Dostoyevsky's Crime and Punishment.  According the the Marxist theory, one would interpret Crime and Punishment as a perfect example to

Rehabilitation assumes criminal behavior can be improved with non-punitive methods. Rehabilitation, although non-punitive, usually occurs along side punishment. For instance an incarcerated person may be given many rehabilitative options. Mental health programming, substance abuse counseling and even education programming exist in modern day correctional facilities. A judge may sentence someone to attend rehabilitative programming as a part of probation or it may be included as a stipulation in a plea agreement. At the core of rehabilitation is the thought that a criminal is flawed, often through no fault of their own. Poverty, mental health issues, or childhood trauma may all contribute to a criminal life and rehabilitation attempts to aid in a sort of recovery. If a person is cured of their issues, perhaps they will not recidivate.

The society generally has established customs and moral imperative to guide the conduct of each member of that particular society. These norms designating certain ways in which people ought to live in the society exist in societal laws and moral prescription. The justifications for the ideal practices in the society have been found in the desire to maintain peaceful coexistence in the society. The extent of freedom of an individual is therefore often curtailed for the greater good of the society. These utilitarian considerations have been discussed amidst the concept and rationale of punishment. John Stuart Mill, Michel Foucault and Kantian ethics have been used to justify or refute the notion and rationale of punishment in our society. These ethical perspectives provide useful insight into understanding punishment and its justifications or otherwise. Punishment is necessary as a social control tool and must be exerted with reasonableness and with due regard for the aim for which it is exerted.

　　Punishment is a necessary evil, it is required to deter criminals from committing crimes and to serve as an example to other potential criminals

Utilitarians on the other hand would disagree with Kant on several points. Utilitarians would argue that actions should be decided by the consequences they would produce. Remember that utilitarians believe in the good for the greatest number. In an argument against Kant’s theory, they would say that the

Classical criminological theory was introduced in 1764. The tenants of this theory became the backbone for the development of all criminological theories to come. After over 200 years have passed since its conception, is classical criminological theory still relevant to today’s society in explaining the causes of crime? This essay will address this question by discussing the major components of classical criminological theory while highlighting its strengths and weaknesses. The essay will also examine a more modern criminological theory, Merton’s anomie/strain theory, and decipher major differences between the two theories. This essay will also explain the aspects of classical criminological theory that are applicable or outdated in their

Throughout time, the use of punishment has changed drastically. Not only has the actual infliction of punishment changed, the reasoning behind this punishment has also changed. There have been numerous scholars, educators, and researchers that have presented various theories on the reasoning behind societal punishment. Some of these theories are closely similar, however some are drastically different. It is important to note that these theorists have broad perceptions that can be rooted back to specific time periods throughout history. Societal punishment is defined as, “punishment being a complex social institution, shaped by the ensemble of social and historical forces and having a range of effects that reach well beyond the population of offenders” (Garland, 1991).

Punishment is the suffering, pain, or loss that serves at retribution. Others also say it is “the authoritative imposition of something unpleasant on a person in response to a behavior deemed to be wrong by an individual or group” (Hugo & McAnany, 2010). Some question when and why we should punish. Though easy to state, this question is difficult to answer and has lead to a variety of models of punishment. In Kant’s article Metaphysics of Morals, he discusses the importance of punishment and its correspondence to crime, the right to punish, and when to grant clemency. In this paper, I will refer to the articles Critique of Political Reason and Metaphysics of Morals, and I will discuss Kant’s perspective on crime, punishment, and justice.

Punishment is defined as “the infliction or imposition of a penalty as retribution for an offense” (“Punishment”). Some prominent theories of punishment include retribution, deterrence, rehabilitation, and the moral education theory. Although retribution, deterrence, and rehabilitation are all crucial components of punishment justification, independently the theories have weaknesses that avert the moral rationalization of punishment. I believe that Jean Hampton’s moral education theory is the best justification for punishment because it yields the most sympathetic and prudent reasons for punishment, while simultaneously showing that punishment cannot be justified by solely

Brandt also discusses how utilitarian’s believe that reform needs to take place in the criminal justice system. What is being proposed begins with reforming the juvenile court system with more psychiatric treatment and programs to assist with crime prevention as well as asking for more social awareness to help these programs. This reform would then be extended to the adult population. After a guilty verdict is rendered, the experts would complete an evaluation and decisions would be made regarding treatment for each individual and a timeline created to establish when such individual could be reintegrated back into society. This type of sentence may not follow utilitarian views but there views regarding

Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the

To begin with, it is necessary to say that punishment is an integral part of modern countries’ legal systems, because countries have a duty to protect society from wrongdoers and authorities could reach success in it by punishing offenders. Oxford English Dictionary defines punishment as the infliction or imposition of a penalty as retribution for an offence. There are four main purposes of punishment – incapacitation, deterrence, retribution and rehabilitation – and the aim of this paper is to