Retribution, Incapacitation, Deterrence And Rehabilitation

First to be covered are the five goals of contemporary criminal sentencing. These goals came from the modern thinking that “emphasized the need to limit offenders’ potential for future harm by separating them from society” (Schmalleger, 2014, p. 61). They were developed to better an offender and help them to become a better citizen. These five goals are retribution, incapacitation, deterrence, rehabilitation, and restoration (Schmalleger, 2014). Retribution is one of the oldest of the five goals and “is a call for punishment based on a perceived need for vengeance” (Schmalleger, 2014, p. 261). This is the basic principal in punishing anyone who has that has done wrong. Parents use this method when grounding a child who has broken curfew and the criminal justice system uses it when handing down a sentence to a person convicted of a crime.

Discuss: The tension between rehabilitation and punishment in an incarceration setting. What happens when one is emphasized over the other? Is it possible to strike a balance?

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

Sentencing is the imposition of a criminal sanction by a sentencing authority , such as a judge. Schmallger & Smykla, 2009, pg# 71) There are seven goals of sentencing including revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served. Retribution is a type of sentencing involving another form of retaliation. Retribution means "paying back" the offender for what he or she has

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.

Two main purposes: Retribution & Prevention. Retribution looks back to past crimes and punishes individuals for committing them, because it’s right to hurt them. Prevention looks forward and inflicts pain, not for its own sake, but to prevent future crimes. There are four kinds: General deterrence, Special deterrence, incapacitation, and rehabilitation.

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.

The four goals of punishment in the American criminal justice system are retribution, deterrence, incapacitation, and rehabilitation. The purpose of the four goals of punishment is to ensure that the sentence the criminal is receiving is reasonable and just. It is difficult to satisfy all of the components to the highest degree for all criminals. All of the goals serve a different purpose and are significant in their own way, but when combined together they create a very complex sentencing policy for criminals.

Retribution: an "eye for an eye, tooth for a tooth". Restitution: applied with the belief that offenders should repay their victim's loss in money or services. Rehabilitation: used more commonly used for juveniles. Incapacitation: is for those who repeated crimes under what are known as habitual offender acts. When a defendant commits a federal crime he/she placed in a federal prison and when the defendant is only incarcerated for only a year he/she goes into a state jail.

Punishment versus Rehabilitation, there has been many debates on the effectiveness of punishment compared to the effectiveness of rehabilitation of convicted offenders in prison and under community supervision. Punishment is defined as a penalty that is imposed on an individual for doing something wrong. The term rehabilitation is defined as a way to help somebody to return to good health or a normal life by providing training or therapy (StudyMode). If an individual commits a crime serious enough to warrant incarceration, then the individual is sent to prison as a form of punishment. While incarcerated

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 belief indicated that if offenders could not be rehabilitated then they should be punished and it was time to get tough on crime. Within a relatively short time parole was attacked and the individual approach of indeterminate sentencing, or release by the authority of a parole board was abolished in 16 states (Rhine, Smith, and Jackson, 1991) and some form of determinate sentencing was adopted in all 50 states (Mackenzie, 2000)].

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.

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

Theories of why we punish offenders are crucial to the understanding of criminal law; in fact it is not easy to define legal punishment, however one thing is clear within the different theories of punishment is that they all require justification.[1] There are many theories of punishment yet they are predominantly broken down into two main categories. The utilitarian theory seeks to punish offenders to discourage, or “deter,” future wrong doing. The retributive theory seeks to punish offenders because they deserve to be punished due to their behaviour upsetting the balance of society[2].