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A Personal View of Punishment
Introduction
In my opinion punishment is a term that is well known best by children and criminals. As a child you learn what you can and cannot do in life by pushing the limits, seeing just how far you can go before being punished. You push those limits via through your school, peers, family, society or the criminal justice system. Punishment is a course in life that if presented correctly the teacher will teach the student a life long lesson. That is why when a person has done something wrong he or she should be punished as close as possible to the time and or place of the incident. "If punishment is long delayed, the connection between it and the offense becomes stained. It makes little sense to punish someone who has long behaving properly for a transgression long past." (Braswell, McCarthy, & McCarthy, 2002)
Punishment gives a person or society as sense of security. The security is that if someone commits an offense against someone that they will be punished. There have been many famous philosophers and theorist that have studied the term punishment. They have studied the different types of punishment and it effects. The goals of punishment and the rule that it plays in today's society have changed throughout the times.
The concept of punishment its definition, its use, and the justification of its use have baffled many countries for centuries. Punishment takes many forms. A parent may ground their child because they refused to do their homework, an employer may fire a worker that is caught stealing, or the government may send a bank robber to jail for robbing a bank. "Throughout history, children have been punished for bad behavior, whether it be physical (for example, a slap or even a blow in more primitive times), psychological (for example, being deprived of a valued possession or opportunity such as dessert or television), or shaming (for example, having to stand in a corner). The emphasis was on letting children know that the behaviors for which they were being punished were not acceptable and on conditioning a response to prevent those behaviors in the future." (Seiter, 2002)
Punishment is a means of deterring a person from indulging in unwanted behavior. The Oxford English dictionary defines the term punishment as "the action of punishing. The penalty imposed for an offence.
punishment is an asset to society: it is the only punishment that fits the crime, it deters potential criminals
them? Then do not be too eager to deal out death in judgement.”-J.R.R. Tolkien. Throughout history punishment for committing a crime is handed down by governing officials and depending on the type of defiance of the law can determine the severity of punishment handed to the criminal. Society looks at the unlawfully premeditated killing of one human being by another momentous in regard of crime. This act of lawbreaking has endured great debates on wether the current state of capital punishment is a moral and justified way of handling criminals being convicted of murder. Capital punishment by definition is the death penalty or execution is punishment by death.
Punishment has been a topic known to interest people, from famous philosophers such as Jeremy Bentham and Adolphe Quetelet to just about anyone. The topic of punishment will continue to demand a better understanding. Punishment has been around since the beginning of civilization. Inevitably, with time the forms of punishment considered acceptable today are going to change. Without punishment would our criminal justice system cease to exist? Or would a functioning society cease to exist for that matter? Society will probably always rely on one form of punishment or another. Punishment is one of the main facets of the criminal justice system. It holds such significance that it even reflects the beliefs and values of a particular society.
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
The theory of punishment as a whole is worth investigating as well. My largest argument against the theory of punishment is that it is not a fair or just operation. The concept of punishment is a way to intentionally harm people. This is not a just way of making a case right, or making a victim heal from any crime they may have been a part of. The victim is not compensated for the damage or harm caused to them. Punishment, in the retributive theory will really only do good in that it deters people from committing crime because they are scared of the punishment- but this simply does not work as well as it should. The restitution theory does not address the issue of who is entitled to cause harm to others, or punish said criminals.
For example, disciplinary punishment is used for reviewing our own actions by committing to personal change and training According to Foucault (1995), “The mechanics of training are to punish. Punish is to exercise because it produces a change and corrects an error” (180). The disciplinary power created a mechanism of control in institutions and can punish and reward in hierarchies. The penalties are used to normalize the behavior. For example, in school’s children are rewarded for their hard work and are disciplined. They are penalties when children do not do their homework. The students are able to learn from the penalties by completing all tasks on
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.
Sentencing is the imposition of a criminal sanction by a sentencing authority , such as a judge. Schmallger & Smykla, 2009, pg# 71) There are seven goals of sentencing including revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served. Retribution is a type of sentencing involving another form of retaliation. Retribution means "paying back" the offender for what he or she has done. ( Schmalleger & Smykla, 2009, pg# 73) The victim is not alone when it comes to being affected by the crime. Society is strongly affected by what a criminal does in whichever area he or she chooses. Retribution, in a good sense, would be if a coworker does her best as her job and her boss gave her a raise. This would be considered paying her back for her good deeds. As far as the criminal's heinous acts, retribution would more than likely be community service in the town were the crimes occurred. This form of sentencing gives a sort of relief to society
Punishment has changed a lot in today’s world compared to the ancient and medieval times. Some might say that the punishment that is
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.
Punishment is reserved to those who have committed a transgression, a dominant and common response to injustices upon a victim (Okimoto and Weznzel 2008 p.346). It is a sense of retribution against immoral behavior, not solely for the purpose of punishment against the offender, but
The criminal justice system is the system of law enforcement that takes an extensive position in prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses. It is essential to know the many theories of punishment that the justice system has created in their minds that eventually became a part of society. This paper will analyze the theoretical explanations of punishment and their effect on society by generating an opinion of how each type of punishment deters crime the best and if punishment provides any benefit to the offenders and to society.
There are many explanations for what punishment characterises. For Emile Durkheim, punishment was mainly an expression of social solidarity and not a form of crime control. Here, the offender attacks the social moral order by committing a crime and therefore, has to be punished, to show that this moral order still "works". Durkheim's theory suggests that punishment must be visible to everyone, and so expresses the outrage of all members of society against the challenge to their collective values. The form of punishment changes between mechanic (torture, execution) and organic (prison) solidarity because the values of society change but the idea behind punishing, the essence, stays the same - keeping the moral order intact not decreasing crime. Foucault has a different view of the role or function of punishment. For Foucault, punishment signifies political control. His theory compares the age of torture with the age of prison, concluding that the shift from the former to the latter is done due to changes in society and new strategies needed for the dominance of it by the rulers. Punishment for Foucault is a show of power first brutal and direct (torture), then organised and rational (prison). Punishment does not get more lenient because of humanitarian reasons but because the power relations in society change.
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.
person knew that a particularly painful punishment was in-store for them, they would not commit the crime. This led to the creation of such punishments as beatings, torture, banishment, death, fines, and public humiliation.