Philosophies oh Punishment
Philosophies of Punishment
Mentor D. Chise
How many times have we watched this news and the subject story requires a man getting arrested for any violent crime? And let's say that the criminal offenses is forcible rape. Our first thoughts are, " Oh person, they need to castrate that joker! вЂќ or perhaps " They have to put that guy inside the same cellular with Big Bubba! вЂќ Don't lie! We have all got those thoughts. We specifically take wrongdoing if the criminal offenses involves a child, an older person, or possibly a disabled person.
Within our legal system, we have five philosophies of punishment. The first is retribution. This is the one which is commonly confused with revenge. The one we " feelвЂќ. It dates back to the Biblical times during the an " eye to get an eyesight, tooth for a toothвЂќ etc. This is the the one that makes us want that will put the child molester in the cell with big Bubba. But retribution can be not revenge! Retribution is the theory the fact that punishment must fit the crime. That differs from revenge as it includes a formal penal calamite (court sanction), equity, and just deserts. (Alarid & Reichel, 2013)The purpose is to inflict punishment on people who has infringed upon the rights and safety more. (Carruthers) For example , a killer should get the death charges.
This is the only theory/philosophy of punishment that concentrates on the punishment from the criminal but not deterrence from the crime. The explanation is that criminals should be penalized because they will deserve to become. It is merely a response to offense. This is 1 advantage of this kind of theory. Another advantage is that that involves courtroom sanctions. This can be a binding deal between the court system as well as the corrections program. This insures that the offender's punishment will probably be carried out as the the courtroom has determined. (No vigilantism)
As with anything, you will probably find cons. One drawback is if society doesn't deem the abuse harsh enough, vigilantes happen to be born. Parenthetically an arrest is let off on a technicality. Proof is stacked against him but maybe he wasn't read his rights or something. Society or someone inside the victim's friends and family decides to undertake their own proper rights. We know the ending to the. The offender is dead. The vigia is now going to jail/prison. This might seem severe, but I can see it happening.
Another disadvantage is: Whom decides which penalty against the law deserves or perhaps merits? What punishment is just for a particular criminal offense? (Alarid & Reichel, 2013)One element of retribution is collateral. This means that related criminals committing similar offences should be treated the same. Also using the ladder that Nigel Walker came across does not entirely alleviate the problem of offense seriousness to " simply desertsвЂќ. (Alarid & Reichel, 2013) His ladder technique uses the rung over a ladder to explain crime and punishment proportionality.
I do think the ladder idea of Walker is a very good crime control strategy. It just needs a lot of fine tuning. But given that fine tuning, it would be a great strategy to put into practice across the board to assist standardize sentencing. I also believe a review of misdemeanors versus felonies is in order. Maybe whenever we make a few current misdemeanors into criminal offences, we could alleviate some of the concerns in our prison system just like overcrowding.
Another philosophy is deterrence. This theory concentrates on using dread to deter criminal behavior. There are two principles. Is general prevention. This refers to discouraging the would-be offenders from assigning crimes. The other principle is definitely specific. This is certainly to prevent the already convicted offender via committing crimes in the future.
The explanation of deterrence is to stop criminal habit through fear of punishment. This is certainly done by providing speedy, serious and particular punishment. The most likely successful punishment will be cruel and unusual. (For example, dismemberment) But in america, we cannot do that, therefore we have to think of other ways to deter home-owners offenders.
Bibliography: Alarid, L. F., & Reichel, P. T. (2013). Corrections. Upper Saddle River: Pearson Custom Publishing.
Carruthers, L. (n. deb. ). Sentencing Trends: Anaysis and Suggestions. Retrieved via Council on Crime and Justice: http://www.crimeandjustice.org/
Gebelein, R. S. (2000, 05). Sentencing and Correctiions: Issues for the modern world. Retrieved by U. H. Dept Of Justice: www.ncjrs.gov
Territo, D., Bromley, Meters. L., & Halsted, T. (2004). Offense and Rights in America: A person Perspective, 6th Edition. Higher Saddle Riv: Pearson Prentice Hall Education, Inc.
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