Bentham Opposes ‘Three Strikes And You’Re Out’ Laws. Pain

In 1994 Polly Klaas was kidnapped from a slumber party at her home in California and later murdered by Richard Allen Davis who already had 2 prior convictions for kidnapping on his record. The public was outraged that a repeat offender was able to attack again. Politicians catered to this outrage and sold the public on a bill that would repeat offenders off the streets for good with the three strikes and you’re out legislation.

Jeremy Bentham and John Stuart Mill are known for their theories about utilitarianism. Both of them agree that the ethical right thing to do would be to maximize utility in any given situation. Yet, both of them disagree when it came to defninig pleasure. Bentham’s theory generalizes pleasure as just the same type of emotion felt by anyone and in any situation. Mill’s theory on the other hand stated that there are two different types of pleasure: the higher intellectual pleasure and the lower physical pleasure

The Three-Strikes Law has three different components. Just like marriage, driving, and educational laws the Three-Strikes law has its own version in every state. Unfortunately California’s Three-Strikes law is causing the most controversy. The three parts in California’s law are the defendant’s record of prior convictions, the current charge and the minimum punishment the defendant is facing. A man or woman has to be convicted of two felonies and charged with another one before the Three-Strikes law can come into play. Dictionary.com defines a felony as “an offense, as murder or burglary, of graver character than those called misdemeanors, especially those commonly punished in the U.S. by imprisonment for more than a year” (Brauchli).

Gertner, N. (2012 May). On competence, legitimacy, and proportion. Pennsylvania Law Review, 160(6), 1585-1597. doi:Ebscohost database

One of the most controversial laws in the efforts to reduce crime has been the "three-strikes" laws that have been enacted. This law, which is already in twenty-seven states, requires that offenders convicted of three violent crimes be sentenced to life in prison without chance of parole. The law is based on the idea that the majority of felonies are committed by about 6% of hard core criminals and that crime can be eliminated by getting these criminals off the streets. Unfortunately, the law fails to take into account its own flaws and how it is implemented.

Jeremy Bentham is a teleological/consequential philosopher or consequentialist, one who focuses on the consequences and ends instead of intention and actions. Bentham’s focus carries more weight than that of Immanuel Kant or John Stuart Mill and their views. Jeremy Bentham’s philosophy focuses on measuring pain and pleasure for the greatest number of morally significant beings through their actions. Bentham presents guidelines that measure the intensity, duration, (un) certainty, propinquity, fecundity, and extent of the pain and pleasure that a certain action beholds and uses these measurements to determine if the action promotes the greatest good (being pleasure in Bentham’s case) for the greatest number of morally significant beings (Hoff 2017).

Jeremy Bentham was one of the first philosophers to present a fully developed system of utilitarianism. He thought that we, as humans, should evaluate the consequences of our actions, determine whether each action is morally right or wrong, and tally the pleasure and pain that comes as a result of our actions. Is it right for me to donate to charity? Is it right for me to cheat on my government test? These questions we ask ourselves fall under Bentham’s theory known as act-utilitarianism because it focuses on the consequences of every action we perform. Bentham argues that the “greatest happiness of the greatest number of people” (Bentham) is how we should determine right from wrong. He also believed “mankind is under the

Bentham’s framework is a theory of Utilitarianism which can be summed simply in the more commonly used phrasing: “the ends justifies the means”. Or basically, that if the outcome of an action is perceived to be more beneficial than failing to perform the action, then the action used to achieve this outcome is

Bentham argues that humans only commit actions on the bases of utility, which is the desire to enjoy happiness and prevent pain. He is certain that utility alone governs human morality and that the principles of utilitarianism are morally correct for every situation. Bentham claims that the purpose of morality is to increase the happiness of society and every action should aim to benefit the greatest number. He argues that without attaining happiness for the greatest number, society becomes dysfunction. In Bentham’s perfect utilitarian society, individuals would put aside their personal desires which cause pain to society as a whole in order to promote universal happiness. Bentham, strongly suggests that utilitarianism has no uncertainties, period. After objective analysis under Utilitarianism, before committing any action an individual must first examine the happiness which can be extracted from the action and the potential harms that it can cause, if the action yields more pain to the greatest number it is immoral. Bentham concludes that pain can’t yield happiness and that for an action to be morally correct it must

In other words, a person may be tempted to commit a crime if there not a strong enough deterrent in place. Hence, Bentham’s solution to crime control was to address this pleasure/pain response by imposing strict penalties proportional to the seriousness of the crime committed to discourage people from offending (Von Hirsch, 1992). Although he did not support the death penalty, punishment for committing crime was considered by Bentham as the lesser of two evils, necessary for the health of society and the duty of the government to impose (Bull, 2010; Hudson, 2003). Punishment, for Bentham, was a way to ensure “the greatest happiness for the greatest number” (Rosen, 2003, p 221).

John Stuart Mill adds more arguments to Bentham’s view of Utilitarianism, which are important factors to consider when discussing this topic. Utilitarianism is the idea to promote the greatest happiness to the general society as opposed to oneself (Mill, 114). Each pleasure is said to have its own difference in quality, so people are able to make the choice between two pleasures (115). Mill believes mental pleasures reign more important than bodily pleasures seeing that bodily pleasures are seen as inferior to the greater good (115). It takes a higher grade of pleasures to make a human satisfied and pleased. “It is better to be a human being dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied” (116). An important factor for choosing higher pleasures over inferior pleasures is that you only have time for one pleasure and if you chose the inferior pleasure it will be wasted (117). However the standards of what is right and wrong are not decided by the person’s own happiness but the happiness of everyone who is concerned in the decision (117). Being a Utilitarian forces you to stay an

In the beginning of “An Introduction to the Principles of Morals and Legislation” written by Bentham himself he first starts off by saying, “Nature has placed mankind under the governance of two sovereign masters, pain and pleasure” This is the basis of what the principle of utility is all about. Pain and pleasure are what dictate or motivate us to do everything in life. Bentham believes that a decision can be made depending on how much pain and/or pleasure it will bring to the greatest amount of people. So if a decision brings more pain than pleasure to society as a whole it is deemed as wrong and if a decision brings more pleasure than pain it is deemed as a worthy thing to do. Bentham states, “to prevent mischief, pain, evil, or unhappiness to the party whose interest is considered: if that party be the community in general, then the happiness of the community: if a particular individual, then the happiness of that individual.” The way

Alternatively, Paternoster (2010), suggested that Bentham displayed a more developed deterrence theory model of human conduct. Bentham identified that human behavior is directed by the pursuance of pleasure and the evasion of pain (as cited in Paternoster, 2010). Bentham’s pleasure principle is defined by the benefits; while the pain principle is the costs (as cited in Paternoster, 2010). Bentham specified four elements of pleasure and pain; physical, political, moral or popular, and religious (as

Bentham’s concern was upon utilitarianism which assumes the greatest happiness for the greatest numbers. He believes that individuals weigh the probabilities of present and future pleasures against those of present and future pain (Postema, 1998).

Jeremy Bentham is widely regarded as the father of utilitarianism. He was born in 1748 into a family of lawyers and was himself, training to join the profession. During this process however, he became disillusioned by the state British law was in and set out to reform the system into a perfect one based on the ‘Greatest Happiness Principle,’ ‘the idea that pleasurable consequences are what qualify an action as being morally good’. Bentham observed that we are all governed by pain and pleasure; we all