Any undesirable behavior deserves a punishment to prevent the person from further misconduct. The main aim of punishment is to minimize the capacity of a person to break the law. People get punished through different ways, for instance, they are charged a certain amount, being jailed for a certain period of time or undergo death sentence. Types of philosophies include deterrence, rehabilitation, incapacitation, retribution, and restoration.
Deterrence philosophy tries to persuade people to avoid crimes or go against the laws. Deterrence philosophy is categorized into specific general and general deterrence. Specific deterrence involves punishing one for committing a crime and decides not to commit any crime in the future while general deterrence
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The aim of rehabilitation is to bring back an offender found guilty of committing a crime to a productive position in society through education, counseling, and training. Rehabilitation avoids future crime by changing a defendant's behavior. Through rehabilitation, defendants gain skills and knowledge which help them in earning their living and can be useful to the community when released from court.
Incapacitation involves avoiding crimes by segregating offenders from the rest of society. Punishments such as death penalty, house arrest, and imprisonment have been used as means of incapacitation. Other methods like work programs and placement in halfway are meant to retain community link and make it simple in the adjustment from prison to normal life.
Through retribution, offenders are punished by getting rid of the advantages they gain from committing crimes. Retribution does not punish people who cannot be held responsible for their actions; a good example is people with mental disorders who are not even aware that they are in the wrong. Compulsory sentences state that people who commit particular types of crimes should be punished equally. On the other side, determinate sentencing dictates that certain punishment should be administered based on the seriousness of the offense and also the past record of that particular
Specific deterrence applies specifically to individual offenders who have been previously sentenced. The severity of the punishment for an offence should keep the specific one individual from reoffending (Siegel et al, 2013, p.83). This focuses on individuals.
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
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
This objective rests on the assumption that there was some factor going into why the crime was committed in the first place, and that that factor can be either fixed or eliminated. There are many different approaches to rehabilitation including therapy, education, or some combination of the two. Generally the rehabilitation process begins with addressing the problems which led to criminal behavior, and then helping inmates find other ways to solve those problems that do not include criminal
Indeterminate sentencing involves the judge handing down the sentence, specifying what the maximum and the minimum sentence is. However, the actual length of time served is determined by the parole board. Determinate sentencing involves prisoners being released early for good behavior. In other words, these inmates are given credits for good behavior or for participation in projects, experiments or educational programs (Schmalleger & Smykla, 2011). The credits, in turn, reduce the sentencing.
Deterrence is about crime control, if you commit the crime you will do the crime. Whereas the goal of rehabilitation is to interrupts the process; to change the contributing factors that are causing offenders to break the law. The belief is that they are factors that lead an individual to commit crime. Factors such as; antisocial attitudes, bad companions, and dysfunctional family life, etc., if these factors are single out and worked on thus saving crime and reducing recidivism. I believe that if the rehabilitation, retribution along with other program they might implements works well than they should be allowed a second chance to live a better
Deterrence – is connected to punishment where it is a way to let a person who has committed a crime know and to let the rest of society or those looking to commit a crime know it will not be tolerated or accepted and there is the possibility of some form of punishment. (Stojkovic and Lovell 2013) If a person or society sees what can happen if they commit a crime by seeing what happens to others then they are more likely to obey the laws and live an honest lifestyle.
This study seeks to examine the role of retribution, deterrence, incapacitation, and the effect of punishment in corrections. Importantly, various studies have offered different positions in regards to using different measures to discourage crime. For instance, deterrence is the use of fear to discourage someone from acting against the laid norms. However, there have been sharp debates about the use of punishment as a deterrent to unwanted behaviors. The proponents believe that if punishment is administered with celerity, severity, and certainty, it can help in reducing crime.
The essential aim of punishment for crime has been a gruesome debate in criminal law for the past century. Deterrence has risen from becoming one of the insignificant purposes of the sentence to the most critical aspect. Majority of law interpreters are of the opinion that deterrence is an essential part of the legal structure. Some, however, are for the contrary view as well as most criminologists. Economists on their part have been known to be the fiercest proponents of this concept.
Moreover, the specific deterrence is the punishment of criminals in unanimity to the severity of the crime committed to avert offenders from executing the action repetitively. Research has shown that, “Deterrence studies are classified commonly as bearing on one type of deterrence or the other, with the most purportedly involving general rather than specific deterrence” (Stafford & Warr 1993, p.124). However, the implementations of the two deterrence components are beneficial to the prevention of wrongdoings occurring in the nation. The general and specific deterrence can help alter the circumstances of intervention and
Deterrence Theory The deterrence theory is defined as a core principle of classical school and rational choice theories. The primary purpose of punishment is deterrence rather than vengeance (Lecture 8: Classical Theory, Deterrence Theory, Rational Choice Theory, Routine Activities Theroy, 2005).
Deterrence suggests that people are “deterred” from a crime by the threat of punishment. In other words, people won’t commit a crime if the ramifications that were to follow are so severe. Deterrence comes in two flavors, specific and general. Specific deterrence refers to the “threat of punishment” being directly aimed towards a particular individual who has already committed the crime through actually experiencing the punishment first hand. An example of this may be, being convicted of a crime and as a result being sentenced to so many years in jail or prison. However, in order for it to be successful, the “previously ...
Punishment that prevents the same person from committing another crime is labeled as specific deterrence. Specific deterrence works in two ways. First, the “convicts are restrained” (Van Den Haag, 769), as they are physically placed into jail in order to prevent him/her from committing another crime in society. Second, the incarceration is designed to be so unpleasant that it will discourage the offender from repeating the criminal act upon his/her release. Here punishment serves as a deterrent for the offender.
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.