Does The Punishment Fit The Action?

Often times it’s the student’s needs and the school being unable to meet the student’s needs that lead to the student being disciplined. Kids who are behind academically, and unable to perform at the same level as their peers often act out in frustration or humiliation (Noguera, 2003). Once these students are labelled as difficult, incorrigible, and unteachable they tend to believe these things about themselves and act out more in class which leads to a cycle of discipline that can ultimately lead to permanent expulsion. For some of these students, these continued rule violations lead to run-ins with the police and the criminal justice system. School administrators who are at times frustrated themselves from failed attempts to steer children from a “bad path” don’t realize that in throwing their hands up and giving up on these students, are in a way helping shuttle students from school to the penitentiary (Noguera, 2003).

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.

Once the accused was convicted of his crime, the court moved into the punishment phase. Interestingly enough, the process of deciding punishment was quite a flawed one. The reason for this was that most people's perceptions of criminals in the beginning and mid 1800s was that they were people of the working class who were too lazy to work (Emsley). This led to a bias in which working class people seemed to be receiving harsher punishments than any other class except one (Emsley). Although rare, if a woman was convicted of a crime, they would receive some of the harshest punishments (Victorian Crime) The reason for this was because it was perceived as unladylike as “Not only had they transgressed the law, they transgressed perceptions of womanhood,”

“One word can aptly describe the punishment imposed on perpetrators in the first half of that century — cruel” (Curland). Crime and punishment in the 1800s was very severe and often was amusing to the public. Some techniques of punishment included branding, whipping, and ear nailing. The English-American colonies used a patriarchal method to their punishment. The men, typically civil officers, or religious leaders, made the laws. The less fortunate, including children, servants, slaves, soldiers, farmers, and tradesmen had to obey the harsh rules put in place. On Sundays, Virginian ministers had to read the Articles, Lawes and Orders. Failure to go to church two times each day would result in the loss of a day’s worth of food. The second

This paper will provide the behavioral definition of punishment and give examples of both positive and negative punishment in different types of settings. The guidelines for the effective use of punishment, as well as legal and ethical issues that should be considered by the Behavior Analyst while designing a behavior intervention plan are identified.

I do, unfortunately, agree with the textbook and video that for many minorities school can be the pipeline to prison. I understand that teachers and staff don’t have time to deal with students that are disrespectful but resorting to the police and extreme punishments are going overboard. I can’t believe that the zero-tolerance was designed for this outcome. The zero-tolerance policy has become another form of racial inequality. Any student is susceptible to a negative outcome when they receive the same throughout their childhood. Involving out the police and justice system should always be a last resort. It seems in some cases, based on skin color, it is a last resort, but it should be in all cases. Additionally, when students receive out

The four goals of punishment are retribution, incapacitation, deterrence and rehabilitation. Retribution is a punishment that when a person gets a punishment for something that they have done and to get back at them. An example for a retribution would when someone gets a death penalty for commenting a murder. Incapacitation is when a person is trying to prevent a person who already had a sentenced felony from committing any other future offenses. For example, say a person has robbed a bank multiple times and he is trying to commit it again but the authorities are preventing him doing that because they don’t want him to be sentenced a longer than what he is already sentenced for. Deterrence is a punishment for any criminal activity that is involved

school when a juvenile is proven the guilty party that made the threats is a ten day

I felt the school handled this situation very poorly. First off the school removed Darnall from the school property without the consent of the parent. According to IDEA, a parent should be aware of all disciplinary procedures, either through the handbook or some other written notice, before a discipline is carried through. I think that it should have been in the IEP what type of interventions the staff were willing to do to help the student rather than involve such a disciplinary action with the police or at least have the approval of the parent. They took the Darnall to jail and made him perform community service without the consent or approval of this discipline from the parent. I agree that at times community service is a great way for a student to show respect for their community, however I do not see how cleaning toilets would be beneficial for Darnall.

There is a fine line between dangerous threats that need to be addressed, and simple immaturity. Many of the incidents that children are enacting in school seem to be misunderstood by faculty and administrators as seriously dangerous issues when in fact they are nothing but immaturity and stubbornness transpired by children being children. Dr. Lawrence T. Kajs states “There is a need for educational reform of zero tolerance policies in school disciplinary management procedures” (Kajs). Kids get angry and jealous, and therefore start fights for unnecessary reasons. That is just part of growing up and the hormones that conjure up in their bodies is not something that is easy to control. Although, that doesn’t mean that they should be expelled from school for minor offenses, especially if no one is hurt in an incident. “Zero tolerance discipline policies, harsh sentencing laws, and the gentrification of color have devastating effects for the

The goal for punishment that I have for this offender is retribution. She believes that drugs are victimless crimes and I want to show her otherwise with retribution because I want to inflict punishment on a person who has infringed on the rights of others and she does deserve to be penalized. Also this will serve as reminder to the general public of the rules and values of law, which may help my reelection as well. Also another goal for punishment is deterrence but I will only pursue this goal if she was not under the influence and that she thought before she acted. Since she believes that this is a victimless crime she will most likely commit the same crime again. So I would like to impose specific deterrence and impose a punishment on her so that she would be discourage to commit this crime in the future. Also pursuing this goal of specific deterrence I am also pursuing general deterrence. By showing the public that I do not take light of drug offenses and that if individuals commit this crime I will want them to believe that they will be caught, prosecuted, and that there will be punishment. Also by pursuing the goal of deterrence allows myself to be viewed positively in the public eye showing that I am doing my job to the best of my ability and it also shows my opponent that I take my job seriously as well. I will also pursue the goal of rehabilitation. I believe that if she was under the influence of cocaine she may need to receive help from a treatment

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

What are the purposes of punishment? Which do you consider to be the most important and why?

During biblical times crime not only affected society, but it was believed to have also been directed towards God himself. The Bible is the oldest book to reference with many directives to living life peacefully and without revenge. As retribution is considered a form of punishment, if not the first, the Bible itself explains that the punishment should not exceed the crime. Matthew 5:38 states, “You have heard that it has been said, eye for eye and tooth for tooth”. This passage is meant as a way to explain that the punishment should fit the crime. As a member of society, the offender was punished equally as brutal as the crime

Theories of why we punish offenders are crucial to the understanding of criminal law; in fact it is not easy to define legal punishment, however one thing is clear within the different theories of punishment is that they all require justification.[1] There are many theories of punishment yet they are predominantly broken down into two main categories. The utilitarian theory seeks to punish offenders to discourage, or “deter,” future wrong doing. The retributive theory seeks to punish offenders because they deserve to be punished due to their behaviour upsetting the balance of society[2].