The Purpose of Punishment in a Modern Society Essay

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

In the concluding passages of this Module I want to assess Kant’s moral theory in the context of how we ought to regard, and deal with, people who commit crimes. The utilitarian view tends to suggest that punishment is justifiable only insofar as it’s aim is to correct wrongdoers, not merely punishment them for punishment’s sake. Kant takes exception to this view. He believes in retributivism. Retributionists argue that offenders should be paid back for their misdeeds, not to reform them, but because they deserve to suffer for the harm they’ve caused others. Of course this opens up a flood of issues about the role and function of incarceration, capital punishment, and the whole judicial process. Kant’s idea is

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

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

Retribution is what most commonly referred to as the “just deserts” model that says the punishment should match the “degree of harm a criminal has inflicted on their victims” (Stohr, Walsh, & Hemmens, 2013, p.6). In other words,

Punishment refers to the deliberate or intentional infliction of pain and suffering on an individual for breaching a particular law or code of conduct established in a given society. The idea of punishment has been in existence for a long stretch of time in history with philosophers weighing upon the necessity or otherwise of punishment. Inasmuch as a considerable number of philosophers agree that

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.

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.

For centuries governments have acted on behalf of society removing and punishing criminals with the goal of protecting its citizens. Criminals were arrested and locked-up in jails awaiting their sentencing. Once sentenced, they were publically humiliated, tortured, or killed. Early forms punishments were cruel and mostly focused on retribution.

One of the oldest justifications for punishment involves the principles of retribution. Retribution (1900-1905) refers to an idea that offenders should be punished for committing a crime, but would not punish someone who was forced to commit a cri-me, i.e. duress. It can be sometimes be viewed as a

Punishment involves the deliberate infliction of suffering on a supposed or actual offender for an offense such as a moral or legal transgression. Since punishment involves inflicting a pain or deprivation similar to that which the perpetrator of a crime inflicts on his victim, it has generally been agreed that punishment requires moral as well as legal and political justification. While philosophers almost all agree that punishment is at least sometimes justifiable, they offer various accounts of how it is to be justified as well as what the infliction of punishment is designed to protect – rights, personal autonomy and private property, a political constitution, or the democratic process, for instance. Utilitarians attempt to justify punishment in terms of the balance of good over evil produced and thus focus our attention on extrinsic or consequentialist considerations.

Punishment is the suffering, pain, or loss that serves at retribution. Others also say it is “the authoritative imposition of something unpleasant on a person in response to a behavior deemed to be wrong by an individual or group” (Hugo & McAnany, 2010). Some question when and why we should punish. Though easy to state, this question is difficult to answer and has lead to a variety of models of punishment. In Kant’s article Metaphysics of Morals, he discusses the importance of punishment and its correspondence to crime, the right to punish, and when to grant clemency. In this paper, I will refer to the articles Critique of Political Reason and Metaphysics of Morals, and I will discuss Kant’s perspective on crime, punishment, and justice.

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 motivation behind why retributive justice is viewed as beneficial amongst the existence of criminals in society is argued by (Durmbi.A.M, P, 2007, P.149) who makes a relevant suggestion towards Kant, Hegel’s retributive view stating that retribution has various “positive utilisation effect in deterring violence by discoursing vigilantism amongst the general public” furthermore, the public is able to “see a wrongdoer punished in a manner that accords with perceptions of that individuals just deserts can augment the value of the legal system in the eyes of that same public.” Additionally, Incapacitation theory also supports the retributive philosophers, by arguing that the removal of an offender from society can prevent “future harm by the