Punishment And The Criminal Justice System

This essay will critically analyse and discuss the strengths and weaknesses of retributivism. Throughout history the term “retributivism” has had a diverse though correlated meanings. The most significant meaning of retributivism is righting or rebalancing the scale of justice, through the use of mechanisms such as punishment e.g. punishing criminals in order to achieve justice for the offence they have committed. Retributivism also looks back at the offence, since the offender has committed a wrongful offence which needs to be punished. One of the core reasons why offenders should be punished is that they need to ‘pay back’ for the offence they have committed; the theory that is associated with retributivism is the just deserts theory. A theory is a concept that is based upon a hypothesis that can be supported with evidence. The just desert theory is used to justify retributivism punishment. Unlike other theories of punishment that mainly concentrates on preventing future crime, such as rehabilitation, deterrence and reductivism. The retributivist theory primarily concentrates on punishing past crimes. Although others would disagree with this for the reason that they think punishment should be used to ‘reduce’ and ‘prevent future crimes’ (Carlsmith et al., 2002 p284). The essay will take into account the views of various theories; theorist and philosophers so that the strengths and weaknesses of

“We demand of a deterrent not whether it is just but whether it will deter. We demand of a cure not whether it is just but whether it succeeds. Thus when we cease to consider what the criminal deserves and consider only what will cure him or deter others, we have tacitly removed him from the sphere of justice altogether; instead of a person, a subject of rights, we now have a mere object, a patient, a ‘case’.” C.S. Lewis

This essay explains sentencing in the United States Criminal Justice system. The objectives of punishment in the United States corrections is to help deter crime and to ensure reoffenders don’t reoffend. Sentencing impacts the corrections system and society in a positive manor by eliminating offenders out of the community. Sentencing may include one of the following: probation, fines, prison, community service, probation and so forth depending on the state you reside and the type of offense you commit. Each crime committed doesn’t have a set sentence, therefore they are determined on a case to case basis. The main goal of the criminal justice system is to defend the community and serve justice. Sentencing plays a vital role in the Criminal Justice system.

What is the expectation when someone commits a crime? Many would say that offenders require strict punishment, as well as harsh sentencing without the benefit of rehabilitation. Two conflicting views are examined, they are from Eugene H. Methvin, who is a supporter of mandatory sentencing as well as ‘three strikes’ sentencing that can result in life sentences being mandatory for repeat offenders even if they are non-violent crimes. On the other hand, is David Shichor, who supports sentencing that is efficient and fair, objecting punishments that only attend retribution, especially since they do not contribute to the lessening of crime commission. Reviewed are two works, that of Eugene Methvin is his paper Mugged by Reality and David

In the criminal justice system, there are many different aspects and actors, such as the police, courts, and corrections, each with very different but equally important roles in handling crime and dealing with law-breakers. Each of these aspects play an equally important role in making sure the criminal justice system runs smoothly and effectively. There are many different things that can influence a person’s beliefs about the criminal justice system such as television, school, family, friends, and the media. Personally, television shows and media have been the largest contributor to my beliefs about the criminal justice system. From the moment of initial contact with the police, an offender might then have to go through the court system. Depending on the outcome in the court system, a person may be sentenced to prison, therefore leading them into the corrections aspect of the criminal justice system. Within in the criminal justice system, the police have many different and important functions such as service, law enforcement, order maintenance, and implementing the mandate, which help to determine their effectiveness (Cole, Smith, & DeJong, 2011). Many people think of the court functions as just what happens in the courtroom during trial, however there are many types of pretrial procedures, such as plea-bargaining, that happen before a case may even make it to trial. Like the other parts of the system, there are many different types of corrections. For example, a person

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The history of punishment in America has had multiple changes in order for the rules and regulations to adapt to societies changing ways. The most common punishment is jail time or imprisonment, however in this date and age time punishment is not the only option to punish a criminal of the society, probation, parole, house arrest and even being put in solitary confinement, or worse the death penalty are options. With this in mind we must as a society and criminal justice system be able to apply fair living standards and punishment by recognizing what punishment is best suited for an inmate and to also be able to come back into society fully understanding the moral codes and regulations placed to be a successful member of society.

The concept of retribution is generated if someone commit a crime that very bad and people are afraid to speak out because of fear of retribution. The retributive theory is punishing the offender by taking away their advantage that they might have gained from their criminal or illegal actions. Due to this theory offenders deserve to be punished for the wrongful acts they have committed. (Meyer, 2003)

Punishment of individuals who act harmful to the society or environment has been practiced from time immemorial. Criminals are subjected to undesirable outcome instructed by power. In the old and middle ages, people who committed crimes were not only heavily punished but also were subjected to harsh torture which in the present is insignificant since human civilization. Suspects who were not necessarily criminals were cut off their limbs, drowned or burnt alive among others. Upon human advancement, such modes of retribution are not present. With criminal justice system, several procedures are involved from inception to trial then punishment to ensure no individual is unduly punished. The criminal law which constitutes punishment one should

Criminology as a field studies a wide range of concepts that all have far-reaching and substantial impacts on the way that our society functions. One of the furthest reaching realities, in terms of its social, economic and political impacts, that criminology studies is sentencing. The research on sentencing ranges from its history, to the effects it has on the offender’s family and community. Sentencing length and severity, which not only have a large effect, but also are affected by many things has been and continues to be a topic of great debate and as a result research. Due to the observation that there are large disparities in sentencing length and severity discussions were started which brought into question the fairness

How should we as a community respond to wrongdoing? When a crime occurs or when harm is inflicted, what needs to happen? What does justice look like? In our Western criminal justice system, emphasis is placed on what law has been broken and what punishment is the appropriate sentence for breaking that law. The primary questions that are asked are:

When a person is faced with different types of punishments, most criminals try to avoid lengthy prison systems. Punishments are based off the seriousness of the crime that was committed as well as the persons’ past criminal history. Most prison terms are one of the few severe punishments that a person might have to face. The most severe of the punishments are those that include, but not limited to a criminal being sentenced to death. There are punishments such as probation and intermediate sanctions that can be used to substitute prison sentences and the possibly the death penalty.

Utilitarianism is the theoretical study of philosophical punishment, it focuses on the punishable outcomes of criminal activity, it also analyses the psychological short, and long-term changes that punishment can have on an individual, and how they re-engage in their societal roles and how society perceives them. Utilitarianism concludes that sustainable methods of punishment will have a fundamental impact on regulating and controlling crime within society, in the hope of acting as deterrence in relation to future crime. (Tom, Mill and Werkhoven, n.d.)

Execution is most commonly regarded as the most severe punishment a man may receive. However, exile has been given throughout history as a more adequate means of punishing criminals while giving them a possibility of reintegrating into society. Being the fate of Rodin Romanovich Raskolnikov in Fyodor Dostoyevsky's 1866 novel Crime and Punishment, readers are able to see an example of this in the Russian Empire. The novel also shows the fear and anxiety induced when a man is faced with the possibility of exile. For Rodin Romanovich Raskolnikov, the punishment of exile represents the acceptance of an ordinary life and terrible punishment, along with a chance to redeem himself and live out the rest of his life with loved ones in a mentally stable state of mind.

There are many different perspectives regarding how we, as a society, should address the punishment of criminals. While deciding the punishment of criminals is never easy, a factor such as an ‘evil gene,’ would make this process even more complex. In this essay I will analyze Mccay’s article “Evil Gene Would Make Punishment a Tricky Business” and the dilemma it brings up regarding the possibility of an evil gene, through the lens of both the retributive and utilitarian philosophical perspectives on criminal punishment.