of the death penalty because of the retribution‚ morality‚ and its deterrence. The death penalty gives retribution to the victim‚ their family‚ and the American society. “Capital execution upon the deadly poisoner and the midnight assassin is not only necessary for the safety of society‚ it is the fit and deserved retribution of their crimes. By it alone is divine and human justice fulfilled.” (The Death Penalty 33) The death penalty gives retribution to the victim‚ because it makes the
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punishment. A constant theme that will run throughout will be the Utilitarian philosophy of punishment. Utilitarianism is forward-looking and therefore seeks to prevent the reoccurrence of crime. This is generally achieved through Deterrence‚ Rehabilitation and Incapacitation with all too some extent playing a vital role in the criminal justice system. Utilitarianism is the idea that an action should be judged on the benefits that have resulted from the act and that it should be performed in like situations
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problems of whether it is ever morally right to deprive a human being of life. Capital punishment is believed to be very helpful in some countries. Some of the reasons of its implementation in the laws are retribution and deterrence of future criminals. The basic argument behind retribution and punishment states that all and only guilty people deserve to be punished in proportion to the severity of their crime”. Real justice requires people to suffer for their wrongdoing in a way appropriate
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society the objective of punishment in the criminal justice system is rehabilitation. The goal is to eliminate future criminal behavior while the inmate serves time for the crime they’ve committed. There is hope that others see the sentences for such criminal activity and future crimes can be prevented. Deterrence is important to apply because it can discourage others who have thought about illegal activity. Incapacitation protects the society because an offender has been taken out of the community
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CHAPTER I INTRODUCTION A.) Background of the Study Justice is an affixed fraction of the society. For most of the social philosophers‚ justice is advocated as a part of the natural law. It involves the system of consequences that naturally derives from any action or choice. With this‚ it is similar to the laws of physics: in the same way as the Third of Newton ’s laws of Motion requires that for every action there must be an equal and opposite reaction‚ justice requires according to individuals
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LEGAL STUDIES Term 1 syllabus notes: The nature of crime The meaning of crime An act or omission committed against the community at large that is punishable by the state‚ e.g. when a person commits a murder or even a minor offence such as speeding. The elements of crime Actus Reus: A Latin term‚ which means the guilty act. Actus Reus means that there must be an action or physical movement. Mens Rea: A Latin term meaning guilty mind‚ which means
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were most often public. There are two purposes of captial punishment; deterrence and retribution. In order to perform the function of deterrence‚ a punishment needs to be in some way or another‚ unpleasant‚ or at least believed to be so. The other function is retribution‚ retribution is simply ‘getting even’ with the offender. Just seeing or knowing that the offender is suffering will be considered good. Retribution is just like saying the famous quote ‘an eye for an eye or a tooth for a tooth
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Deviance is any form of behavior that violates the norms of a society. Behavior that is considered deviant is usually condemned and often punished. Crime is a more dangerous and extreme form of deviance. The term can be defined as a deviant type of behavior that is prohibited by law and is punishable by the government. Many laws divide crimes into categories depending on the seriousness of the offense‚ the age of the offender‚ the punishment that can be administered and the actual court. According
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reduce their crime rate‚ having also the lowest per capita imprisonment rate in the world. The Japanese attribute their success to the process of reintegrative shaming‚ a process of confession‚ repentance and absolution. Where deterrence‚ incapacitation‚ and rehabilitation are all seen to have been less successful‚ any solution to crime control demands our consideration. According to Braithwaite‚ shame plays a key role in the regulation of social behavior (Braithwaite‚ 1989). The majority of
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However‚ an analysis of the Combatant Status Review Tribunal’s report on Guantanamo Bay Prison shown that treatment programs and conditions have no impact on reducing recidivism for enemy combatants. However‚ an implementation of effective rehabilitation programs would reduce recidivism. THE HISTORY OF GUANTANAMO BAY Guantanamo Bay is the oldest American overseas base and is located on the southeast corner of communist Cuba. Guantanamo Bay was created in 1903‚ when the United States leased
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