Punishment for the Sake of Deterrence is Justified Essay

Punishment for the Sake of Deterrence is Justified Essay

Length: 2543 words (7.3 double-spaced pages)

Rating: Research Papers

Open Document

Essay Preview

The author is a strong supporter of the notion that "punishment for the sake of deterrence is justified", and this is because people tend to obey the law after calculating the consequences attached by the law to a particular act of crime. Punishing a person for a crime in order to deter others from performing the same crime again does not guarantee us that the crime will never be performed by anyone at all, but it definitely lowers the number of people who would commit the same crime in future. In some instances deterrence has not proved effective in curbing the crime and for hardened criminals it fails to deter them from committing the crime second time, for such people the severity of the punishment has to be so intense that it teaches them a lesson, that is why the severity of punishment varies from one crime to another and from one situation to other situation. By punishing the offender we deter the individual offender from committing the crime again in the future. Moreover, "the deterrent theory emphasizes the necessity for protecting society, for so treating the prisoner that others will be deterred from breaking the law" .

The deterrent theory emphasizes the necessity for protecting society, for so treating the prisoner that others will be deterred from breaking the law. For example, if a news channel highlights that the police have caught many drunk and drive cases last night, then it's very probable that a common man would fear to drive after getting drunk. Here the certainty of getting penalized is what makes a man not commit crime. When the sentence is penalizing, it deters others and is a safeguard to the society.

Deterrence in almost all penal laws of the world is conceived as a most prudent puni...

... middle of paper ...

...mer, John Austin on Punishment; http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199679829.001.0001/acprof-9780199679829-chapter-3; accessed on 19-03-1014
21. Anthony F. Lang Jr., Punishment, Justice and International Relations: Ethics and Order After the Cold War, Routledge, 2009; http://books.google.co.in/books?id=fXvkrzBsr-AC&dq=kelsen++punishment&source=gbs_navlinks_s; accessed on 19-03-1014
22. Hans Kelsen, Collective and Individual Responsibility in International Law with Particular Regard to the Punishment of War Criminals, 31 Cal. L. Rev. 530 (1943); http://scholarship.law.berkeley.edu/californialawreview/vol31/iss5/3; accessed on 19-03-1014
23. George A. Thoma (1981), A Note on John Stuart Mill's Views on Capital Punishment. History of Economics Society Bulletin, 3, pp 49-50. http://dx.doi.org/10.1017/S1042771600004890; accessed on 19-03-1014

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Bible and Capital Punishment Essay examples

- People often say that using the death penalty is like saying man is god, because we forcibly remove someone else fate from god’s hands. Capital Punishment is a weapon against crime. However, being the mortal creatures that we are, we praise for good deeds and punish for bad ones. Mathew 5:30 states, “You have heard that it has been said, eye for eye and tooth for a tooth.” This means that the punishment should always fit the crime. The person should have a punished that is equally cruel as the crime that has been committed....   [tags: Death Penalty Essays]

Free Essays
1434 words (4.1 pages)

Capital Punishment Argument Essay example

- Capital Punishment Argument In this philosophical study of applied ethics the concept of punishment will be argued using philosophers such as Mill, Bentham and Kant. And the case of John Martin Scripps ‘The tourist from hell’ will be used. The concept of capital punishment as a form of punishment brings about questions such as ‘is there any crime so bad that it permits the state to kill. Does anyone deserve to die for his or her crime. Is the execution a sign that society has failed its responsibilities to all its citizens....   [tags: Papers]

Research Papers
2110 words (6 pages)

Essay on Capital Punishment Should Not Be Justified

- Over many centuries, the act of killing has been very controversial as it is argued to be barbaric but at the same time, a part of life. Many will disagree on whether killing can be even be justified, let alone condemned and permitted. Killing a person as punishment for the same offence is difficult to justify and essentially says that killing is allowed. Although the practice of the death penalty exists still, many societies argue how it is barbaric and is part of the past. In Canada however, the topic comes up fairly often as the United States still practices capital punishment in many states....   [tags: Murder, Capital punishment, Prison]

Research Papers
1548 words (4.4 pages)

Essay on The Death Penalty As A Justified And Valid Form Of Punishment

- An issue that has continually created tension in today 's society is whether the death penalty serves as a justified and valid form of punishment. Whenever the word "death penalty" comes up, extremists from both sides start yelling out their arguments. One side says deterrence, the other side says there 's a potential of executing an innocent man; one says justice, retribution, and punishment; the other side says execution is murder. Crime is an evident part of society, and everyone is aware that something must be done about it....   [tags: Capital punishment, Murder, Crime]

Research Papers
1617 words (4.6 pages)

Should Punishment Be Justified? Essay

- Why punish. Is the use of punishment ever Justified. In Punishment: The Supposed Justifications Revisited, Ted Honderich aim to answer these questions. Society needs to establish a well thought-out moral explanation as to why we punish and what we strive to achieve with the use of punishment as it is at the core of our punitive system. Honderich set out to analyze the supposed moral claims that justify the use of punishment and to determine if they are reasonable enough for the intentional infliction of suffering and deprivation....   [tags: Crime, Prison, Criminal justice, Punishment]

Research Papers
1037 words (3 pages)

The Deterrence Effect and Criminal Justice Essay

- Over the years a theory known as the deterrence effect has been proposed to the world of capital punishment. People believe that if you do something wrong, in this case, kill someone, then you will be put to death therefore preventing you from committing that wrong act again. This theory also states that by viewing or hearing about your punishment then others around you will not follow in your footsteps which will decrease the number of criminal acts committed. Econometric studies have started a panel data in order to view the validity of this theory....   [tags: Deterrence, Criminal Justice, ]

Research Papers
662 words (1.9 pages)

Retribution is an Eye for an Eye Punishment Essay

- Retribution- Retribution is the punishment that is deserved because of the act committed by the perpetrator. More subsequently, it is the “infliction of punishment on those who deserve to be punished” (Couture, 2014, p.60). Lex Talionis, Latin for law of retribution, connects to the biblical adage of “an eye for an eye,” which later specifies the offenders get the punishment in which they deserve in exchange for crime they have committed (Sieter, 2014, p. 26). Sanctions consist of capital punishment, incarceration, intermediate sanctions (intense supervised probation), or standard probation, where each goal of corrections connects with the sanctions....   [tags: crime, punishment, deterrence]

Research Papers
1301 words (3.7 pages)

Deterrence Theorists and Capital Punishment Essay

- Deterrence theorists view murder as rational behavior, and assume that in calculating the gains and losses from killing, potential offenders are aware of the death penalty and regard it as a more severe sanction than imprisonment. Because the threat of one's own death presumably outweighs the rewards gained from killing another, murder is not an option for most people and always discouraged. In addition, some noted proponents assert that capital punishment provides an important educative function in society by validating the sanctity of human life (Berns, 1979; van den Haag, 1975; van den Haag & Conrad, 1983)....   [tags: Death, Murder, Justice]

Research Papers
909 words (2.6 pages)

Capital Punishment Is Justified By Richard Allen Davis Essays

- Polly Klaas was one of the victims who had been rapped, kidnapped, and murdered by Richard Allen Davis, a criminal who was given not just a second, but a third chance to live and not be on the death row. In 1976, he kidnapped a woman, and he was sent to jail for five years. After he was released from jail, he abducted, raped, and beat other women. As a result of that, he served eight years in jail. His final victim was Polly Klaas. Davis kidnapped Polly from her home while she was having a slumber party....   [tags: Capital punishment, Crime, Murder]

Research Papers
926 words (2.6 pages)

Capital Punishment Justified Essay

- I believe that under certain circumstances that capital punishment should be allowed because if someone is going to commit mass murder they should pay with the ultimate human right which is of their life. This topic has been widely thought of in the world with a few philosophers really encompassing my views. Those are the views of Ernest Van Den Haag and Bruce Fein. Philosophers who oppose our views are such like Justice William Brennan and Hugo Adam Bedau. I will prove my point using the ideas of deterrence and morality of the issue of capital punishment....   [tags: Pro Death Penalty Essays]

Research Papers
1152 words (3.3 pages)