Reasons: Crime and Higher Punishment

Topics: Crime, Criminal justice, Criminal law Pages: 3 (914 words) Published: January 20, 2013
Reasons and Explanations for Sentencing Criminals

By Daniel L. McGivern

There are four main philosophical reasons surrounding the purpose of sentencing criminals. Retribution is of the main reasons and is the philosophy that is the criminal’s punishment that shall be determined on the severity of the crime that has been committed. The retribution philosophy goes by the Old Testament which states “eye for an eye.” Deterrence is also another reason. The basis of deterrence is its effectiveness that a criminal will realize their punishment from the crime actually outweighs the crime itself. The philosophy goes to say that the criminal prevents the return of the criminal. The specific deterrence basis theory is that once a criminal is punished and released that they will be less likely to commit any more crimes. The incapacitation philosophy is the philosophy that believes by incarnating criminals will effectively keep these criminals from committing further crimes. One of the more important philosophies is rehabilitation. This is a means of trying to teach a criminal not to commit furthers acts of crime. This philosophy firmly believes that the public is better serviced when a criminal is given certain resources that will help them be done with any criminal behavior they may have.

There are six main forces of punishment used to punish criminals for their crimes. Capital punishment or also widely known as the death penalty is the legal process where a criminal is put to death by the state as a punishment for a crime they have committed. This punishment uses the incapacitating philosophy and most definitely the retribution philosophy. Imprisonment is another form of punishment. Imprisonment refers to the restraint of a criminal’s liberty. Imprisonment is when a criminal is incarcerated for a crime they have committed. This also uses the incapacitating philosophy and also hopes of rehabilitation. Probation is used as an...
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