The Theories Of Punishment Article

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

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 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.

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, Incapacitation, deterrence, and rehabilitation are four philosophies of punishment. Retribution is the punishment and is simply in proportion to the offenses seriousness. It is the "eye to eye" justice system. Incapacitation prevents further criminal activities and behaviors. It physically restraining the offender from future misconduct. Deterrence prevents through making examples of the offender being punished.

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 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

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

Until the early 1970s, the sentencing of crime convicts was based on the principle of rehabilitation of juvenile and adult offenders. Legislatures set maximum authorized sentences for various types of crimes and judges decided on the prison term or probation or fines. Correctional officials and parole boards had the powers to reduce the time served for good behavior and release prisoners early. In the 1980s and 1990s, the emphasis shifted to deterrence by imposing mandatory minimum sentences for certain types of crime, heavier sentences for habitual offenders and the “three-strike” rule for felony convictions. Public opinion supported these changes in the belief that prison terms were just retribution for crimes and incarceration kept criminals off the streets (Mackenzie, 2001).

To tolerate a most just criminal law system, a comprehensive selection of sentencing options is vacant for the offender to serve rehabilitation courses rather than options based on retribution. The retributive theory states that an offender should suffer a punishment proportionate to his or her fault, however the criminal justice system should focus more on how offenders can be reformed. With the many sentencing alternatives based on rehabilitation, its main goal is to modify the offender’s behavior by addressing the factors that is being psychological, psychiatric and social issues that influenced the offenders conduct and crime. Within the confines of the law, the offender is given the ability to succeed, therefore preventing future crime from being committed. Criminal offenders are usually presented with the treatments for the afflictions such as chronic violent behaviour, chemical dependency and mental illnesses. Education programs are an addition to the rehabilitation courses as it provides offenders the knowledge and skills to compete in the job market in future years. These therapy methods are specifically directed at juveniles and their behaviour as it aims to steer them off the potential criminal pathway. Imprisonment has its main goal being to protect the community from the offender, while this Is essential, it is said that this is a weak reason for punishment as it deals with the symptoms of the crime and entirely avoids the causes or reasons behind it. This is another theory of punishment of the Sentences and Penalties Act 1992 with one of its objectives being to rehabilitate the offender. Evidence from the FAMM organization states that within three years of an offender’s release, 40% of those prisoners who leave custody are known to reoffend and return back to prison. The alternatives to

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

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 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

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.

Deterrence is a further purpose that needs to be highlighted. The aim of punishment is also to warn people from crime committing under the fear of being punished and it might be reached through the well-developed criminal justice system, one of the main aim of which is to ensure that every wrongdoer will be punished for the criminal acts. There are two kinds of deterrence. They are general and specific deterrence. Ferris defines specific deterrence as deterrence which attempts to persuade the individual before the court not to commit further offences, while general deterrence is defined as the process of persuading others who might be inclined to offend not to do so. Deterrence has its own pros and cons as well. One of the main deterrence benefits is that it may reduce crime rate significantly and sharply. For instance, there is a three strikes policy in most states of USA, which means that if an individual has already been in jail two times and if this person commits a third crime, she would be automatically sentenced for 25 years regardless of crime seriousness. On the other hand, the main drawback is that criminals usually think that they will not be caught, so they continue committing crimes.