Essay on Does The Punishment Fit The Crime?

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

The delivery of punishment has changed significantly over the centuries. Up until the 19th century in England, imprisonment was not regarded as a punishment, it was merely used while the offender waited to be sentenced to their ‘real’ punishment (Bull, 2010; Hirst, 1998). Corporal punishment such as flogging, branding and mutilation, death by hanging, and transportation to other continents such as America and Australia were common punitive measures through the ages, until well into the 1800’s (Newburn, 2003). Although these extreme penalties are no longer acceptable or practised by criminal courts in England or Australia, in some ways, the past has

Criminology is a field that has been researched prolong. Most of the information explaining crime and delinquency is based on facts about crime (Vold, Bernard, & Daly 2002, p.1). The aim of this paper is to describe the theories of crime and punishment according to the positivists Emile Durkheim and Cesare Lombroso, and the classical criminologist Marcese de Beccaria. The theories were developed as a response to the industrialisation and the modernisation of the societies in the 18th and 19th centuries and were aiming to create a rational society and re-establish social solidarity (Vold et al 2002, p.101). The criminological perspectives of crime and punishment will be discussed in a form of dialogue between the three theorists exploring

Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets

The concept of mandatory sentencing is a relatively new idea in the legal field. It was first introduced in 1951 with the Boggs Act, and it made simple marijuana possession a minimum of two to ten years with a $20,000 fine. This was eventually repealed by Congress in 1970, but mandatory sentences came back with the passage of the Anti-Drug Abuse Act of 1986. Since then, the scope and presence of mandatory sentencing has only grown, especially mandatory sentences for drug related offenses. Recently, there has been a growing concern over the use and implementation of mandatory minimum sentencing, with many believing it reduces a judge’s ability to give out a sentence that they feel accordingly fits the crime. Many advocates for mandatory

What has society done about reforming sentencing laws in order to reduce the incarceration population? The fair sentencing Act which was signed by president Obama has helped reduce the number of inmates impacted by mandatory minimum sentencing by “reducing the disparity in the amounts of powder cocaine and crack cocaine required for the imposition of mandatory minimum sentences and eliminates the mandatory minimum sentence for simple possession of crack cocaine, it also increases penalties for major drug traffickers” (White House 2010). What the Act did was changed the ratio of Crack cocaine v Cocaine from 100:1 to 18:1 (U. S. Department of Justice 2010). This Act is beneficial because it

Public shaming, among other punishment options that existed during these times, was one of the most heavily relied upon punishments used. In using this approach, law enforcers hoped to teach a lesson to the offender and also reduce the likeliness of that person committing the same crime. Other very common forms of punishment included the following: placing people in the pillory, cutting off ears, whipping, and branding; the more severe and violent crimes such as rape and murder were punished through some type of execution ending the criminal’s life in death (Social Welfare History Project, 2012).

Crime and punishment has always been a part of society. Since the time of Cain and Abel, there has been a vicious cycle of crime, punishment, and vengeance. From damp dungeons to high tech super-max prisons, man’s fascination with punishment knows no bounds. However, history shows that there is a balancing act in the true purpose of prison. Prisons seem to fluctuate between the desire to reform and the desire to punish. Harsh punishments tempt man relax rules and stop any egregious acts against prisoners. Over time, the system moves more towards a reformation. An event will occur, such as a war or economic collapse, which will lead to the governing body to be stricter on crime, and thus shift more towards a punishment attitude. The system moves

For centuries governments have acted on behalf of society removing and punishing criminals with the goal of protecting its citizens. Criminals were arrested and locked-up in jails awaiting their sentencing. Once sentenced, they were publically humiliated, tortured, or killed. Early forms punishments were cruel and mostly focused on retribution.

  The American government operates in the fashion of an indirect democracy. Citizens live under a social contract whereby individuals agree to forfeit certain rights for the good of the whole. Punishments for crimes against the state are carried out via due process, guaranteed by the Fourteenth Amendment. The use of capital punishment is decided by the state, which is legal in thirty-seven states. It is a moral imperative to protect the states' rights to decide their own position on the use of capital punishment.

The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.

“Classical Criminology was developed in the eighteenth century in opposition to the use of extreme and arbitrary punishments. Classical Criminology advocated a rational approach that punishment ought to be imposed only to the extent necessary to ensure a deterrent.” (Rowe, 2012: 191)

Crime is considered to be some breech or violation of behaviors which stand in opposition of rules or norms instituted by some governing body. Some actions are considered to be crimes throughout most societies in history; murder or physical abuse can serve as an example as an example. However, the majorities of things that are considered crimes are more of a subjective nature and vary widely in different societies. In many societies it is a crime to be an atheist or to be homosexual for example, while in other societies these items are tolerated and in some cases are considered social norms. Furthermore, when an individual is considered to have committed a crime, the punishments for these crimes also can vary widely depending on the culture, the social norms, the position of the authority figure, as well as a plethora of other factors. This paper will analyze some of the different forms of crime and they develop and how they are treated in different societies.

It is through this that philosophers, government and prison officials have arrived at the five traditional goals of punishment which replicates elements of criminal punishment. They are retribution, rehabilitation, deterrence, restoration and incapacitation. Retribution, rehabilitation and deterrence are however the three most frequently used in today’s modern society, as they are the main justifications for punishment.

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