In The Theories of Punishment article in the legal dictionary, it goes over the different theories that the government has on the use of punishment. In the utilitarian philosophy laws are meant to increase the happiness of society by eliminating crime. They realize that the possibility of a crime-free world is non-existent, so minimizing the rate of crime is the only solution to a happy life for the citizens. “…laws that specify punishment for criminal conduct should be designed to deter future criminal conduct,” (Theories of Punishment). There is no extent to the force of punishment; punishment should never be limited if crime is to be at a minimum. In the utilitarian philosophy, punishment is meant to deter crimes from happening again in …show more content…
Another form of punishment is rehabilitation. Rehabilitation gives the criminals that are locked away a chance to succeed in jail or prison. “The goal of rehabilitation is to prevent future crime by giving offenders the ability to succeed within the confines of the law,” (Theories of Punishment). Another base of punishment is through retribution. A criminal based on their past crimes will be punished accordingly for their criminal history and the severity of their crimes. The third major rationale for criminal punishment is denunciation. The denunciation theory is a mix between utilitarianism and retribution. It is utilitarian in the way that it makes their punishment public with the deterrent and retribution plays a part when the criminal is being punished.
The article Sentencing Guidelines: Reflections on the Future discusses sentencing policies. The guidelines for sentencing varies with the policy. Guidelines, initially, were meant to keep defendants from being mistreated with their sentencing compared to similar criminal acts as well as discretion or lack of uniform. As time went by it was used as a way to predict sentencing. Now in many states computer based machines can calculate the dollar amount that will or can be used in order to meet the states sentencing policies. “In some States, this use of guidelines led in turn to the realization that they could be used to shape sentencing policy to fit resource levels that had
Punishment is a necessary evil, it is required to deter criminals from committing crimes and to serve as an example to other potential criminals
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.
The area of Yellowstone National Park has a long history of inhabitants, even before it became the nation’s first national park. In the area now known as Yellowstone National Park, wolves were once very prominent. However due to westward expansion in the 1800s, agriculture began to increase. This led to the wolves that once thrived in this area to being practically completely removed. The increase in agriculture in this region led to a lot of the wolves’ prey becoming reduced or eliminated. Since the wolves had a decrease in prey, the wolves began to prey on domestic animals, which then resulted in humans eliminating the wolves almost completely. By the 1930s the wolf was eliminated from the area. This was before people had an understanding of how ecosystems work and the interrelation of species. Now that the wolves were gone, elk then became overpopulated. A lot of the vegetation began to disappear as well due to the overgrazing of the elk. However after about a 70-year absence, in 1995 the wolves were carefully brought back to Yellowstone. When they brought the wolves back to the park, there was not just an effect on one species or one area but rather they affected the entire ecosystem of the area. I will discuss their effects on areas such elk, beaver colonies, scavengers, aspen trees, willow trees and cottonwood trees.
PLEASE NOTE: Philosophical theories of punishment, such as deterrence (based on the ethical theory of utilitarianism), retributivism (based on the ethical theory of deontology), denunciation, and restorative justice are covered comprehensively in a different course, PHL 449, Philosophy of Punishment.
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).
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
PAPER #1 The six dimensions of religion include ethical, ritual, emotional, institutional, cognitive and aesthetic. The six dimensions can be applied to any and all religions that exist or did exist at some point. A good example of a religion from the past that the dimensions can be applied too is the Ancient Greek religion. Being polytheistic religion in which many gods ruled many different domains of the earth, the six dimensions can be applied to the Ancient Greek religion but some dimensions are more influential than others because of the way the Ancient Greek religion is structured.
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
The role of finance is integral to a successful strategic planning and decision making process. Knowledge of how the company 's money is handled can literally determine the company 's life span. This paper looks to outline the financial ratios of the airline company Jet Blue and what the ratios mean for that business moving forward. The computation and interpretation of financial ratios assist managers in managing debt & assets, assess liquidity, profitability and market performance. Those ratios include:
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 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
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
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].
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the
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.