Justifications for Punishment in Modern Society

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

“Finally!” Today I went to a school assembly about bullying. The principal said, “If anyone is caught bullying in school, you will be suspended for a week.” I told the principal that we need to make harsher punishments if anyone is bullying. Here are the reasons why there should be harsher punishments for bullying.

By the lack of rehabilitation programs in the state and federal prison systems, the chances of convicts releasing and returning back to prison increases rapidly. The lack of rehabilitation is one of the most leading causes to an offenders relapse or to a new crime that will be committed within 3 years from the offender’s release. A rehabilitation program

Retribution has been associated with increased punishment, decreased treatment, but not with reduced recidivism (Andrews et al., 1990). Not only has there been no reduction in recidivism, there has also been no increase in deterrence through the use of punitive measures (Cullen & Gendreau, 2000). Deterrence-oriented interventions have actually been shown to increase recidivism by 12%, as demonstrated by Lipsey’s (1992) meta-analysis (as referenced by Cullen & Gendreau, 2000).

In the United States, each day approximately 1,600 adults are released from state and federal penitentiaries to reintegrate back into the community (Gunnison & Helfgott, 2013). Reentry programs have been created all over the nation to help offenders successfully transition from prison into society. Offenders are confronted with numerous obstacles when attempting to reintegrate back into society. Ninety-five percent of offenders are released to reintegrate back into the community (Davis, Bahr, & Ward, 2013). Upon release, ex-offenders realize that despite the fact that they are no longer incarcerated, they face many restrictions. The restorative justice development rose to address the disappointment of the criminal justice framework to manage victims, offenders, and communities in an integrated way. A core focus of this development has been to expand the role of the community in advocating changes that will avert the issues and conditions related with crime and the demand for a criminal justice intervention (Hass & Saxon, 2012).

Retribution, Incapacitation, deterrence, and rehabilitation are four philosophies of punishment. Retribution is the punishment and is simply in proportion to the offenses seriousness. It is the "eye to eye" justice system. Incapacitation prevents further criminal activities and behaviors. It physically restraining the offender from future misconduct. Deterrence prevents through making examples of the offender being punished.

Louis P. Pojman provides an argument for retribution as he states, “The moral justification of punishment is not vengeance, but desert. Vengeance signifies inflicting harm on the offender out of anger because of what he has done. Retribution is the rationally supported theory that the criminal deserves a punishment fitting the gravity of his crime” (p. 57). Therefore, retribution is not based on hatred for the criminal, but is the belief that the criminal deserves to be punished in proportion to his crime, whether or not the victim or anyone else desires it. Retribution, as explained by Louis Pojman, supports the death penalty as it proposes that those who have taken a life deserve to lose their own life.

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.

Many criminals are sent to jail on a day to day basis. Once they have completed their sentence they are faced with many problems once they are “free”. These problems can be but are not limited to housing, employment, and substance abuse. The prisoner, once they are released, has a tendency to go back to their old ways and to continue the life of crime they were a part of prior to prison. To avoid this, while a prisoner is in prison, the staff creates a reentry program for the prisoner. The reentry program takes affect once the prisoner leaves prison. These programs are created within the community to help the offender from committing new crimes and to integrate them back into society. These programs are also created to help with

The first goal of punishment is retribution. Retribution, also known as deserved punishment, it is when one is punished for committing a crime that harmed other people in some manner (277; ch.9). The purpose of this goal is for the criminal to understand that if you commit a crime, consequences will come with that. Depending on the crime that is committed will decide how serious the punishment is. A lot of factors are considered with retribution during the sentencing process. Factors such as the age of the defendant, their previous offense history, not only that but the victims of the crime. The judge might give the defendant a sentence that will not only punish him for the crime but also make the family feel that the proper sentence was given to the criminal.

The four justifications for punishment include, “retribution, deterrence, rehabilitation, and incapacitation” (Reichel, 2013, p. 231). Retribution is when a person receives a punishment as a result for committing a crime (Reichel, 2013). This form of punishment is deemed necessary by society because a person deserves to pay for breaking the law (Reichel, 2013). “A goal of retribution is to retaliate for the wrong done in such a way that the nature of the punishment reflects the nature of the offense” (Reichel, 2013, p. 231). That is why there are different sentences for different crimes because each deserves a certain punishment (Reichel, 2013). For example, a person who commits murder isn’t going to receive the same punishment as a person

This idea that harsh penalties deter criminal activity is accepted on faith, rather than supported empirical fact (Lynch, 1999). Restitution on the other hand, is provided directly to the victim of the crime. This is a monetary burden imposed on the offender and is usually above and beyond what the crime actually cost because it will include the cost of the crime and the cost the tax-payer has to pay to prosecute the criminal. When restitution is defined, there appears to be an appreciation from the public that the victim of the crime is receiving compensation for the criminal loss. Restitution assures a relationship between the victim and the offender in which the victim is allowed to punish the offender, to a certain extent, rather than one between the offender and the state (Miller, 2007).

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

The retribution punishment theory is associated with the philosopher Immanuel Kant from as far back as the eighteenth century known as the “justice model”. The concept of retributive punishment is "just deserts," used as a means of getting even with the offender, allowing the victim to feel a sense of justification by imposing the same measure of pain to the offender according to the crime committed; this will allow the victim to feel a sense of satisfaction. Though retribution is not a law of retaliation, the Mosaic laws of the Bible idealized it as “an eye for an eye” phenomenon.

Retribution, as the next aim of punishment, is associated with the idea that the wrongdoers have to be penalized and punished for violation against the civilians. Retribution could be viewed from two aspects: revenge and restoration. According to Oxford English