In this paper I will defend both the proponents and principles of the utilitarian theory of punishment, namely addressing the utilitarian approach juxtaposed with the retributive. Before beginning to make claims in any direction, a brief and to-date synopsis of the utilitarian fundamentals regarding punishment will be necessary. From there, I will present the utilitarian theories of punishment as not only the most useful for a society, but also the best representation of criminal law being carried
Punishment in general can obviously be justified (in the traditional sense of the term) on utilitarian grounds. Nevertheless, usually its justification is not asked for. Because justification of punishment, in general is unnecessary. It is the justification of particular infliction of pain (or punishment) that can be enquired of. As a man can legitimately ask for justification of a particular law of a state. However, nobody enquires of the justification of legal system or of law in general. It is
Retributive, Utilitarian and Rehabilitative Justice Compared The three justice theories or views, which include utilitarianism, rehabilitative or a retributive style of justice, are multifaceted. It is not easy to sum the aspects of each without lengthy discussion. Therefore, I will try to maximize my efforts and offer concise answers. It is fair to note that my belief system correlates strongly with retributive style justice theory. Nevertheless, I will compare all three theories accordingly.
different philosophies behind the punishment of a criminal include just about every moral justification that crosses a human being’s mind. The ideology behind philosophies of punishment in the criminal justice system has mainly derived from the globally understood “An eye for an eye, a tooth for a tooth” from the Old Testament and the cliché “The punishment must fit the crime” concerning retributive punishment. Both of these statements involve retributive punishment. This is because most of the criminal
our reward and punishment systems. Let’s take a look at how each of these is used in America. First we have reward. “Reward is one method of distributing on a fair and just basis the good we are concerned with” (Thiroux, and Krasemann 122). Reward is very desirable in many people eyes. We have the need to be rewarded for our efforts, whether it is at work or at home. There are two major theories that deal with how reward should be distributed which are retributivist and utilitarian. Retributivist
The Function of Punishment "Justice must not only be done but seen to be done". Most would agree with this statement - the wicked must surely be punished (or should they? - do two wrongs make a right?) but why is it so important that the punishment must be seen to be done? To the utilitarian the answer is simple - punishment must be witnessed in order to deter others from committing the same act. Thus, to a utilitarian the perception of punishment is seen as the main
The Punishment After having been arrested and charged with the killing of my children’s father, I was subsequently convicted of first degree murder, PC§187a (CA Codes). The sentencing guidelines, here in California, require a judge to adhere to PC§190a which states that, “Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life (CA
Introduction Punishment, central to any legal proceeding where the accused is found guilty, directly falls under criminal law and is determined by punishment theories. Whether South Africa is moving towards restorative justice approaches influences many aspects: it allows the protection of society, results in more of a crime-free life for the offender and it gives offenders the chance to learn from their experience, and gain insight into their behaviour and allows victims to handle their injustice
Question 1 Sentencing theories what justify handing down a punishment for committing a crime or wrongdoing. Punishments infliction harm on the offender and therefore this needs to be justified. There are three main categories of sentencing theories, utilitarian theories, retributive theories and hybrid theories. Utilitarian theories follow the idea that the most ethical way to punish is the one which has the most benefit at the least cost. Retributive theories are concerned with the offender getting
be excused on the basis of ignorance or personal preference. Whenever a group of individuals live in a social group or society, they make rules which stipulate what behaviour is acceptable, and what behaviour is unacceptable and punishments for breaking the rules. These rules are what make up the laws within that society, this suggests that the rules and laws vary from society to society, and even within the same society over time. This is the case because the laws