Yes, general deterrence may use certain individuals as an example for society, but if the punishment for that certain individual is strict enough and is able to deter others from society from committing crime it is doing its job. “General deterrence are actions to persuade others from committing criminal acts” (Couture, 2014, p.128). I feel more people are being deterred from crime by general deterrence rather than specific deterrence. Also as sanctions take place, incarceration would be best for general deterrence. Incarceration in jail or prison should deter society from committing crimes by people in society not wanting to be incarcerated.
Protection- Punishment is to protect society by removing those in danger or removing the danger from society. For example one would be imprisonment. 2. Retribution- Equal punishment to crime committed. (An eye for an eye.)
Justification of Punishment ABSTRACT: Both utilitarians and the deontologists are of the opinion that punishment is justifiable, but according to the utilitarian moral thinkers, punishment can be justified solely by its consequences, while the deontologists believe that punishment is justifiable purely on retributive ground. D. D. Raphael is found to reconcile both views. According to him, a punishment is justified when it is both useful and deserved. Maclagan, on the other hand, denies it to be justifiable in the sense that it is not right to punish an offender. I claim that punishment is not justifiable but not in the sense in which it is claimed by Maclagan.
Altman appeals to his own morals in which giving individuals the equality that is due to them and the right to not be treated as a lesser member of society are of ultimate importance. Albeit good morals, I am more inclined to appeal to my own; to fight for yourself, to find strength in discouraging situations, and to reduce the evil of ignorance by rising above and against it. When people can learn to accept that hate is never going to disappear so long as everyone is different then maybe they might stop taking ignorant speech personally. Until then, regulation of hate speech should not be permitted to occur.
Utilitarianism, on one hand, holds that the morality of actions is dependent upon whether or not they bring about good consequences. Criminal punishment, whether it be through incarceration, deterrence, of rehabilitation, seeks to prevent future crime, thereby benefitting the greater good. Deontology, however, has some objections to these justifications. If the punishment does not prevent future crime, then by deontological standards, we are only inflicting harm towards a person without the benefit of the greater good. Also, punishing people is equivalent to using them as a means and not an end, a violation of human dignity.
Besides positively engaging offenders, communities that practice restorative justice can also seek to shame offenders for their acts, without blaming the offender directly for their actions. One such method of restorative justice that communities utilize is the reintegrative shaming theory. Developed by Braithwaite in 1989, the theory states that societies that aim to create shame on the act of crime will reduce crime rates (Braithwaite, 2001). The theory
The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future. Criminal law has several purposes depending on how people view it. A few of the functions of criminal law are to divide criminals from society, rehabilitate the criminal and punish the offenders.
Reform and rehabilitate the offender (rehabilitation). Address the harm suffered by the victim (reparation, restoration, compensation). The protection of the public (incapacitation). The principal of retribution endeavours to ensure that the offender suffers an equivalent level of harm as has been suffered by the victim of the offence. The theory of deterrence aims to prevent offenders from repeating the crime that they have been convicted of.
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. One
Leading us to the point that the social control theory focuses on how the absences of close relationships with conventional others can free individuals from social constraints, thus enabling them to engage in delinquency (Kempf-Leonard, 2012). Labeling Theory The labeling theory is based off of the view that people will become criminals when labeled as such and when they accept that label as their personal identity. The labeling theory can be used to explain why a particular behavior is considered to be negatively deviant to some people, groups, and