Feinburg (1994, cited in: Easton, 2012: 4) says that punishment is “a symbolic way of getting back at the criminal, of expressing a kind of vindictive resentment”. When punishing an offender there are two key principles that determine the kind of punishment. These are the Retributivism response and the Reductivist response. The first principle, Retributivism, focuses on punishing the offence using 'denunciation' where they denounce the crime that has been committed so society knows they have done wrong, and it also uses 'just deserts' where the equity 'eye for an eye' is the main idea. The second principle, Reductivism, believes that deterrence, incapacitation and rehabilitation is the best strategy to use to punish, its aim is to reduce crime and use punishment to serve a purpose. This essay will look closer and outline the purpose of just deserts and deterrence as punishment in society, although these punishments are used widely across most crimes, this essay will look specifically at prolific offenders.
Emile Durkheims theory of collective consciousness is that everybody in society has common beliefs and sentiments, and to think or act differently would be a moral outrage against that. So crime is inevitable, there will always be people who think differently to others in an organic solidarity society.
In the 17th and 18th century, the purpose of punishment in society was to seek revenge and retribution for the crimes, however, in the 18th century classicist criminology thinking emerged in response to the cruel punishments that were handed out. The two key leaders of this was Beccaria and Bentham, both of which were utilitarian, so believed the reductivist approach to punishment would be the most effective. Beccaria argued that the purpose of punishment was to make society associate a strong link between the crime and punishment so they knew the consequences of their actions (Easten, S. and Piper, C,. 2012), he argued this could be done by delivering the punishment as quickly as possible and believed that the certainty of punishment in society would be the most effective way of deterrence (Newburn, T. 2007). The other key leader Bentham, argued that the purpose of punishment should be to show people that the cost of the crime outweighs the gains of it, he was a supporter of the use of prisons and thought that punishment should be proportionate to the crime and have predictable, certain consequences to deter people from future offences.
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Have you ever wonder if there is any good justification for the policy of punishing people for breaking laws? Boonin’s definition of punishment consists of Authorized, Reprobative, Retributive, Intentional Harm. The problem of punishment incorporates three different answers. Consequentialism, which makes punishment beneficial (will do good for the people later in the future). Retributivism punishment is a fitting response to crime. As well as, the option of ‘other’ punishment can be a source of education, or expressive matter. Moreover a fourth answer can be an alternative called restitution, punishment is not necessary for social order. In The Problem of Punishment, by David Boonin deeply studies a wide range of theories that explain why the institutions is morally permitted to punish criminals. Boonin argues that no state , no-one succeeds with punishment. To make his argument stronger, he endorses abolitionism, the view
Roach, K. (2000). Changing punishment at the turn of the century: Restorative justice on the rise. Canadian Journal of Criminology. 42, (2), 249-280.
The judicial system is based off the norms and values that individuals are held to within society. When a person is found guilty of committing a criminal act, there must be a model that serves as the basis of what appropriate punishment should be applied. These models of punishment are often based off of ethical theories and include retribution, incapacitation, deterrence, rehabilitation, and restoration. The retribution model of punishment views the offender as responsible for their actions and as such, the punishment should fit the crime (Mackie, 1982). Incapacitation is a form of punishment that removes an offender from society. This model protects
This paper considers the desert arguments raised to support retributivism, or retribution. Retributivism is "the application of the Principle of Desert to the special case of criminal punishment." Russ Shafer-Landau and James Rachels offer very different perspectives on moral desert which ground their differing views on the appropriate response to wrongdoing. In "The Failure of Retributivism," Shafer-Landau contends that retributivism fails to function as a comprehensive theoretical foundation for the legal use of punishment. In contrast, in his article "Punishment and Desert," Rachels uses the four principles of guilt, equal treatment, proportionality and excuses to illustrate the superiority of retribution as the basis for the justice system over two alternatives: deterrence and rehabilitation. Their philosophical treatment of the term leads to divergence on the justification of legal punishment. Ultimately, Rachels offers a more compelling view of desert than Shafer-Landau and, subsequently, better justifies his endorsement of a retributive justice system.
He argues that the only punishment possibly equivalent to death, the amount of inflicted harm, is death. Death is qualitatively different from any kind of life, so no substitute could be found that would equal death(6). The down side of the retributive system of just can be observed in our modern practices of zero tolerance laws. These laws have placed values of some wrongdoings so high that punishment for relatively minor offenses can see an offender detained for substantially longer than arguably needed to repay the harm they caused. Placing a grater demand on our prison facilities and creates a circle of offense and
Beccaria, a European theorizer, had the most influence on penology. "His work had a profound effect on criminal punishment the world over." Beccaria wrote "the purpose of punishment is not to torment a sensible being, or to undo a crime [but] is none other than to prevent the criminal from doing further injury to society and to prevent others from committing the like offense." This is how...
Retribution is the philosophy best explained by the famous saying, “an eye for an eye”. Those that believe in this form of justice hold a strict and harsh view on punishments for crime. The proponents of retribution believe that severe penalties act as deterrence to future crime, however, studies
During the 1970s, the top argument in favor of the death penalty was general deterrence. This argument suggests that we must punish offenders to discourage others from committing similar offenses; we punish past offenders to send a message to potential offenders. In a broad sense, the deterrent effect of punishment is thought to b...
punishment is an asset to society: it is the only punishment that fits the crime, it deters potential criminals
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
Herbert Morris and Jean Hampton both view punishment as important to a healthy society. However, their views on what kind of role does punishment plays in a healthy society are vastly different. Morris believes that when one commits a crime they “owe a debt to the society and the person they wronged” and, therefore the punishment of that person is retributive, and a right for those who committed this wrong (270). Hampton, on the other hand, believes that punishment is a good for those who have strayed in the path of being morally right. Out of the two views presented, I believe that Hampton view is more plausible, and rightly places punishment as a constructive good that is better suited for society than Morris’s view.
History shows people in ancient times committed crimes which violated social norms and acceptable conduct despite threats of harsh punishment. There are theories regarding causes of crime but that by Emile Durkheim is quite prominent in that anomie arises as result of mismatch between individual or group standards when compared to the acceptable standards of wider society; this mismatch leads to deviance which in turn came from loss of social identity and self-regulation.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular
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 law by individuals then that individual should be punished accordingly.