Purpose Of Punishment Analysis

375) and by using this hedonistic calculus people will refrain from committing crimes. This concept focuses on the punishment fitting the criminal and on preventing future crimes from occurring. The three most important factors in effectively deterring a criminal from further crimes are the severity of the punishment, the certainty of the punishment, and the swiftness of the punishment. If criminal doesn’t believe he will be punished or he feels the punishment is minor in comparison to the crime or if the punishment is not swift enough, then he/she will not be deterred from committing crimes. Studies on the effectiveness of deterrence have shown to be inconclusive. The deficient areas of deterrence are crimes committed in the heat of passions, crimes committed under the influence of drugs or alcohol, and the massive backlog of cases in the nation’s courts (Neubauer & Fradella, 2008).

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

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

I am going to write an essay on the retributivist approach and reductivist approach on punishment, comparing and contrasting both theories. To start off I will talk about the retributivism theory and the belief that an offender should be punished based upon the severity of the offense. I will them move onto just deserts which Is a modern retributivist theory which only focuses on crimes that have already committed making sure individuals get there just deserts for doing wrong. Next I will write about the reductivist theory which is all about trying to deter individuals from committing a crime or reoffending. Jeremy Bentham had a huge impact on reductivism believing if pain was to outweigh pleasure then it would deter individuals and overall nobody would have the desire to commit a crime as they are aware of the consequences they would have to face. Moving on to deterrence will talk about the two different types of deterrence; individual and general deterrence. Individual deterrence focuses on stopping individuals from reoffending whereas general deterrence is about deterring individuals who have never even committed an offence from turning to crime. Once writing about both retributivism and reductivism I will start to compare and contrast both theories, looking at the similarities and differences. Finally I will give my own opinion on the theories and which theory I believe is best, talking about how retributivist and reductivist punishments are different and the good and

It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime

Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.

A very simple, yet popular and long-standing goal of sentencing is retribution. Criminals are punished according to their crime because they deserve punishment. The idea that a certain crime equals a certain punishment is very simple and could

　　Punishment is a necessary evil, it is required to deter criminals from committing crimes and to serve as an example to other potential criminals

The next goal of punishment is deterrence. The purpose of deterrence is to convince criminals and society to not commit future crimes (277; ch.9). Deterrence has two separate subcategories which are

The Deterrence theory is a key element in the Criminal Justice System. It’s principles about justice appeal to us because it adapts to our ideas of what we identify as fairness. Punish the sinful and the ones who break the law, swiftly, to the extent that pain will dissuade them from committing a crime ever again. Its sole purpose, to instill fear. Fear of breaking the law because of its punishments. We not only use this theory to punish criminals, but it is a basis in which we raise our kids and pets on, that breaking the rules can lead to consequences. The deterrence theory says that people obey the law because they are scared of getting caught and being punished. It is said that people do not commit crimes because they are afraid of getting caught, instead they are being motivated by some other deep need. In my paper, I will address the two theorists who re-conceptualized the deterrence theory, the principles and two types of deterrence as well as give short insight into my own opinions on the deterrence theory.

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

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

In classical theory, the main objective of study is the offence and the nature of the offender is a rational, free-willed, calculating and normal individual (Aker, 2012). However, it became apparent that some were more motivated to commit crime than others, regardless of deterrence. Therefore, the classical doctrine cannot account for re-offending. Based on empirical research done on convicted offenders, the notion of deterrence was rarely given thought of (Burke, 2013). Initially, most offenders give a lot of thought to the notion of punishment; however, in the process of committing the offence, offenders give little consideration to deterrence and consequences. As a result, this defies whether the purpose of deterrence is, in fact, achieving what it is meant to (Burke, 2013). The model is idealistic, that individuals could be controlled by the threat of punishment- by the likelihood of arrest, prosecution and

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.

There are five common approaches to punishments. The first one is deterrence. It’s basically saying that if people know that they will be punished for such a crime, then they will think twice about committing it. If no one ever got punished for robbing a bank, than everyone