This reductivist philosophy has an intuitive appeal, but many claim it offers a weak moral defense of punishment. Depending on the risks and needs of the offender, the punishment may be served in the community or in prison.
Punishment Essay Punishment Essay Legal punishment is such a universal convention that few would envision its use as being morally problematic. The most obvious objection is that incapacitation is unconcerned with changing the offender during their incarceration or community confinement.
The offender is to be normalized through theoretically informed programming that cures deviant attitudes and dispositions. Unlike deterrence, rehabilitation serves the interests of society and the offender. Punishment as Societal Defense.
Yet, no matter where the sentenced is served, the offender is expected to be an active participant in his or her punishment. Punishment nullifies the gain or profit from crime and restores the balance.
This criticism applies to general deterrence, which justifies punishing the guilty as a warning to others. Punishment is morally justified because the offender and community will benefit from the investment in rehabilitative programming; all will enjoy the fruits of hard work, self-sufficiency, increased educational skills, and a changed lifestyle.
The latter technology can document exactly where a person is at any moment and emit electrical signals to warn an offender when they are near a prohibited zone. Specific or general, deterrence assumes that punishment must be certain, swift, and severe in its administration in order to be effective.
Punishment creates evenness or equilibrium in the sense that it brings things back to zero. Deterrence rests on the theory that humans are hedonistic, engaging in a relentless pursuit of pleasure. Moreover, predictions or assessments of who will reoffend in the future have produced false positives and negatives with a regularity some would consider unacceptable.
They are also philosophies that prompt debate on what is moral and ethical by raising questions that have seemingly self-evident answers: As a rule, retributive philosophy always looks to the past and what was done to justify punishment.Incapacitation is another amongst the four philosophies.
This form of punishment is not interested in providing resources to eliminate criminal activity. And by punishing the criminals sentencing serves two ultimate purposes. Those purposes are: “deserved infliction of suffering on evildoers” and “the prevention of crime” (Professor.
What is the Most Credible Justification of Punishment? Punishment has been a part of the human society ever since the beginning of civilization. Throughout the history, wrong doings or wrong acts have simply stood out like sore thumbs, greatly affecting the very emotions of man.
Which is the most appropriate justification for punishment – deterrence, retribution, rehabilitation or incapacitation? Give reasons for your answer. In this essay the following methods of punishment; deterrence, retribution, rehabilitation and incapacitation will be critically evaluated with example to reference, thus the most appropriate method in.
The Purpose of Punishment in a Modern Society Essay Words 9 Pages 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.
Case Study 2: The purpose of Punishment within the criminal justice system. What role does punishment serve within the criminal justice system? Consider the part played by reductivism, incapacitation, retribution, deterrence and rehabilitation as by-products of the perceived need for the criminal justice system to punish offenders.
Philosophies of Punishment: Retribution David A.
Gonzales California State University, Fullerton According to the book, Criminal Law and Punishment, written by Joel Samaha, the characteristics of punishment include pain or unpleasant consequences, punishment prescribed by the law, punishment administered intentionally and punishment .Download