Punishment And Other Forms Of Punitive Measures

Incarceration is thought of as a positive form of punishment, and negative form of punishment. The opinion varies with the type of person, and their experience from jail if they have gone. Most inmates while in prison will tell you it is a horrible place that should be gone. That would allow criminals to be free and that would let them cause harm to others or other illegal activities. Incarceration was not designed to be a paradise, it is a detention center for the bad, and meant for them to be punished. Without jails the world would be filled with even more evil, and would leave people in more danger than they already are.

There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts, but there are many differences between the two. Both court systems try and keep crime from happening and both courts sentence those found guilty to some sort of punishment through the punishment philosophy that the court determines is a suitable approach for preventing future crime.

“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

How beneficial or detrimental is the effects of parenting from the penal system for the children and families involved? How much of an influence is the effects of parenting from the penal system is affecting the child’s developmental skills? Is parenting from the penal system, exposing the children to the risk factors that may increase the chances of them being incarcerated? These are the typical questions and concerns that are being questioned when researchers are gathering their conclusion.

“We [the United States] imprison more of our own people than any other country on earth, including China, which has four times our population, or in human history” (Bloom). Due to the decades past between the “war on drugs” and “Get Tough on Crime” which has left a trail of broken tears and a failed system. The mass incarceration boom consisted of several tactics such as just desserts and three strike laws. The model may not have been directed toward the African American community, but the numbers have not lied, a large chunk of inmates are those of color. Surprisingly a lot of people who have been locked up as well as doing time currently are not all violent, actually most of the inmates are incarcerated for nonviolent charges. The guilty,

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.

Throughout the years, the question of whether those who commit the same crime should receive the same sentence or not has created controversy because of the mandatory sentencing laws, though, in reality, no two crimes are exactly alike and neither are the circumstances of the people involved. For women, in particular, the issue of mandatory sentencing has increased the population of women in prison. In the March 3, 2017 issue of the Congressional Quarterly Researcher titled “Women in Prison: Should they be treated differently than men?” the author, Sarah Glazer, had an anecdote given by Ramona Brant that discussed the involvement of women in a crime where they were not selling drugs, is usually due to a relationship, which they received the

Today punishment is the most dominant correctional goal of both the state and federal government in response to criminality. The purpose of punishment is to protect society, rehabilitate criminal offenders, and reduce recidivism. In both the state and federal correctional institutions, their objectives are to use punishment as form deterrence while

Incarceration is one of the harshest sanctions for commission of a crime available today. It has not always been a common form of punishment. Back in the ancient world in England, France and colonial America, corporal punishment, forced labor, and social banishment were far more common forms of punishment than incarceration (ADPSR 2015). This changed with the 18th Century enlightenment in France and England. This gave rise to new interpretations on liberty, human nature and time (ADPSR 2015). The first prisons in the independent US were established as “penitentiaries” to signify their prisoners as religious “penitents”, serving time for their immoralities (ADPSR 2015). These penitentiaries gained attention nationally and internationally for their goals to perfect society through imprisonment (ADPSR 2015). This became a problem because the prisons became overpopulated, dirty and dangerous. In the 19th century, outrage over living conditions in the prisons led to the reformatory movement. This was an attempt to redefine the role of prisons as reforming inmates in to model citizens (ADPSR 2015). Counseling, education, and work was provided during their incarceration. In the 1950’s, more new buildings, sociologists, and counselors were brought into the prisons to provide a more humane atmosphere for inmates. The term then changed to “Corrections”. In the spirit of the 1955 United Nations Standard Minimum Rules for the Treatment of Prisoners, architects tried to make prison

I think clearly we all have to define what we mean by “punish” and “punitive” and “significant.” These terms are subjective and Justices from different political persuasions may have differing opinions. Whether I agree with the outcome or not, it is my opinion that the dissenting Justices, Ginsberg, Breyer (both appointed by Pres. Clinton), and Stevens (appointed by Pres. Ford but known to have joined the more liberal Justices on issues) are correct, that is, the act was "ambiguous in intent and punitive in effect" and that its “retroactive application was incompatible with the Ex Post Facto Clause.” I feel as a lay person it is almost offensive for me to deem something unconstitutional – I leave that to the judicial system – but if pressed, for this particular article I just read, I would concur with Ginsberg, et al. Of course these Justices tend to be more liberal. Kennedy, however - who calls himself a libertarian but is clearly conservative, in my mind - reasoned that “the act was clearly intended as a civil, non-punitive means of identifying previous offenders for the protection of the public … and “found that the stigma, which could result from registration, did not render the act effectively punitive, since the dissemination of the registration information did not constitute the imposition of any significant affirmative disability or restraint.” So here we see that the Court felt the means to protect the public, and the lack of a “significant” affirmative

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

Non-judicial punishment is a form of punishment that is authorized by the UCMJ, which is an article 15, this allows a commander to discipline troops without court-martial ("Non-Judicial Punishment Explained," n.d.). Some minor offenses a service member may receive an article 15 for are: reporting to duty late, disobeying orders, destruction of government property, petty theft, or any other offense the commander of a unit deems as minor ("Non-Judicial Punishment Explained," n.d.). If a service member is punished for anything that is not a minor offense they can still be punished by court-martial too ("Non-Judicial Punishment Explained," n.d.). When a service member is getting an article 15 they have the right to be notified that the process is under review ("Non-Judicial Punishment Explained,” n.d.). Other rights a service member has include the ability to see the alleged offense and evidence, notice that the service member can refuse “any imposition of punishment,” and if punishment is accepted their rights ("Non-Judicial Punishment Explained," n.d.). Service members attached to a vessel are not able to oppose an article 15, and if the service member rejects the article 15, that does not mean that they will not be charged, the case will just move to a court-martial ("Non-Judicial Punishment Explained," n.d.).

One of the primary reasons both Locke and Hobbes form commonwealths is to punish violations of rights. Yet, each has different visions of what the ideal government looks like. These differences arise from their different views of punishment and the government’s authority. For Hobbes’ punishment “is an evil inflicted by public authority on him that hath done or omitted that which is judged by the same authority to be a transgression of the law, to the end that the will of men may thereby the better be disposed to obedience” (XXVIII.1),while for Locke politics is “a right of making laws with penalties of death, and consequently all less penalties, for the regulating and preserving of property, and of employing the force of the community, in

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

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