As they say, "if you can't do the time, don't do the crime", in other words, punishment is a repercussion of your illegal actions. Punishment, though, should be a crime in itself, done without any opportunity of redemption, leading society towards revenge, and with inaccurate judicial system. Primary idea behind punishment is to provide avenues for redemption for one's mistakes. These avenues are jail-time a convict spends aloof from their family, friends and closed ones, repenting on their actions. For example, prisoners read, write, and play to gain better perspectives on life. Death penalty as a punishment defeats the primary purpose of punishment. Secondary idea behind punishment is to scare the society to commit crimes and to build a better
Punishment is a necessary evil, it is required to deter criminals from committing crimes and to serve as an example to other potential criminals
It has been discovered from multiple sources that ever since ancient times, punishment was a necessary concept in order to prevent crime or wrongdoings. Ancient laws such as the Code of Hammurabi and the Mosaic Law (or Law given to Moses atop Mt. Sinai) use different methods to attempt to prevent or minimize the unavoidable occurrence of crime. Hammurabi’s Code using retribution (e.g. an eye for an eye), and the Mosaic Law using fear of God’s judgement. Neither of these have proven to be very effective. Since the dawn of human law, new laws have emerged. others have been forgotten, and many have been refined. Logically, it would be impossible to rid society of all actions that harm another person, which means the controllers of our societies (corrupt governments backed by mega-corporations) must concoct a way to keep society from descending into chaos, while still retaining their bloated wallets. The first prisons came about almost immediately after the first sets of laws. In Ancient Greece, “Imprisonment as a penalty was used initially for those who could not afford to pay their fines. Eventually, since impoverished Athenians could not pay their fines, leading to indefinite periods of imprisonment, time limits were set instead” (Allen). For some odd reason, society has still not evolved from using the Machiavellian method of instilling fear in order to prevent rebellious acts. Our supposedly ‘wise and responsible leaders’ actually believe that by using isolation and
The general deterrence theory and specific deterrence theory are two explanations or rationales as to why the policy of life imprisonment was introduced [5]. Firstly, life imprisonment may have been introduced to show a demonstration effect. This is based on the idea that when we see others who have been caught and punished, it is assumed that we will not do the same thing they have done. It is based on the idea that someone who commits an offense sets an example for the rest of society. Another explanation for the introduction of the policy may be based around specific deterrence. This is the idea that the actual person experiencing punishment and retribution will encourage them to make a different choice if released [4]. Offenders will think twice before doing it again, however there are limitations to this theory. For example, research shows that when punished, sometimes offenders get attention and punishment gives offenders recognition. Finally, it is the notion of the severity of the punishment. For example, as a punishment becomes more severe, the less likely people are to engage in it. Therefore, severe punishments such as life sentences may result in less people to engage in severe crimes. In culmination, it is the laws surrounding the Criminal Code of Canada that govern these severe crimes by
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
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.
The death penalty basically says that the guilty people will never change and always be a criminal but people do change and become good. People might abuse the death penalty by planning a crime to try get someone else in trouble, this will cause an innocent person to be killed. So people can kill who they want to kill, but not actually be the one who kills them. Executing someone teaches that person nothing, they can do the worse crime and then just die. Maybe that person wants to die so he goes on a killing spree then gets sentenced to death. But in the end, the death penalty is killing someone, even if they are a criminal, it’s still murder.
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
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
Ever since the beginning of time man has committed crimes. Crimes were described as acts which go against the social and moral norms of society and people. People have learned to deal with these crimes in many different ways. One of the most used forms of dealing with crime is punishing those who commit crimes. There are numerous ways in which people have punished those who commit crimes throughout history from making the criminal pay fines to banishing them from the community. However, in modern times, there are fewer acceptable forms of punishment that are used. For very unserious crimes, governments may simply make a criminal pay a small fine or do service for the community in some way. Offenders who
Death punishment, gives closure to the people involved with the tragedy. It helps to the overpopulation problem in the prison system, instead keeping an intern 25 years or more. Finally, people who received the death punishment usually are not able to be rehabilitated. If these people have the opportunity they will kill, rape, and torture again. There are many factors that make murders incapable to
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].
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.