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The criminal justice system has many objectives which it intends to achieve through various punishments. One such objective is to deter social deviants by threatening them with the possibility of facing harsh punishment to pay for their crimes (Ferris & Stein, 2016). The criminal justice system also achieves retribution by responding to crime by retaliating or revenging the crime. The criminal justice system also incapacitates social deviants so as to protect members of the society through imprisonment or execution in some cases. Additionally, the system also intends to rehabilitate criminals so as to encourage them to refrain from socially deviant…
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“Punishment, a necessary evil, is sometimes required to deter law violators from repeating their crime and to serve as an example to others who would also violate the law.” (Schmalleger. 2011. P.81)…
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Punishment is described by the Webster Dictionary as ‘the infliction or imposition of a penalty as retribution to an offense’. Today, this definition may pass as true for many governments, but years ago when philosophers were discussing ideas about government and laws, one idea that stuck out was that of punishment. Different theories rose regarding justifying punishment, and deciding the purpose behind punishing people. Joel Feinberg, Jules Coleman, and Christopher Kutz are three philosophers that spent a lot of time discussing their beliefs and ideas about punishment.…
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Such deterrence emanates from life experiences with any further crime. However, if an individual is in fear to what punishment there is it is a possibility that it will only prevent him/her from committing a similar crime. A juvenile is set up to be punished by the state authorities’ knowing of their ordeal future misbehavior. An example of specific deterrence can be seen as the impact of the actual legal punishment on those who are apprehended. Specific deterrence can result from actual experiences with detection, prosecution, and punishment of…
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As previously mentioned, if the punishment is not harsh enough the result is repeated offense. If a criminal relishes in committing a crime and the court system does not properly punish them for it, then they actually have no reason not to repeat the crime over again. The National Institute of Justice, part of the U.S department of Justice, studied how likely criminals are to relapse after being released, claiming that “Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested” (Durose, Cooper, and Howard). This statistic proves that there is a significant chance that a criminal will indeed carry out the same action as before. The most significant way that an offender is punished is through what…
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Sentences for crimes committed have been handed down for as long as there have been crimes to commit. There are many factors to be considered by the judge tasked with sentencing in a criminal case, including an offender’s criminal history and actual involvement in the commission of the offense. First-time offenders may be grated leniency in sentencing, but it can be argued that such a practice is contrary to the nature of punishment and detracts from the effects of the crime on the victims. Punishment serves three general purposes that serve to benefit the victim, the public, and the offender: retribution, prevention, and rehabilitation.…
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a general system of punishment, the punishment of specific persons, and the specific type (and amount) of punishment to be imposed in a given scenario (Duff). With respect to the first component, which he called the “general justifying aim” of the system of punishment (Duff), there are several purposes for instituting a penal system; the most common of which are general deterrence, specific deterrence, incarceration/incapacitation, rehabilitation, and retribution. While it is easy to see how each of these can be beneficial and justify the general punishment system in the abstract, upon closer examination the existence of multiple underlying justifications…
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Earlier responses to crime were to be brutal, which included torture, humiliation, mutilation, and branding. These kinds of punishments often attempted to relate the punishment to the crime, as close as possible. The first response to crime incorporated linking criminal acts to sin and developing strict punishments. Throughout the years, this thought process has changed into a more humane system. The reason for corrections to is to protect the society but also to provide rehabilitation to these individuals. Punishments for criminals now include main objectives that widely differ from the first believed aspects of punishments. Punishments now embrace objectives pertaining to deterrence, incarceration, rehabilitation, retribution and restitution.…
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Exam 4 Study Guide Sentencing 1. The 5 philosophies of purpose of punishment (purposes, examples, pros and cons): a. Deterrence (specific and general) b. Incapacitation c. Retribution d. Rehabilitation e. Restorative Justice 2. Corporal Punishment 3. History of punishment- banishment, sterilization, transportation 4.…
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Let’s first begin with what punishment means. Punishment is the infliction or imposition of a penalty as retribution for an offense. While completing my research I was able to stumble across two definitions that caught my attention. The general definition for punishment is “aversive stimulus that follows an undesirable behavior, and is intended to decrease or eliminate the occurrence of that behavior. It may be triggered either due to the performance of an undesirable act (negligence) or the non-performance of a desirable act (disobedience). Punishments take the form of presentation of an unpleasant stimulus (criticism or warning) or withdrawal of a pleasant one (employment or promotion). Threat of punishment usually also constitutes a punishment”. The definition of punishment pertaining to the law is “Confinement, fine, penalty, sanction, or loss of a privilege, property, or right, assessed and administered as deterrence or retribution by an authorized court to an entity duly convicted of violating the law of the land”. [ (Buisness Dictionary, 2013) ] Punishments must be adequate match the reasons why the crimes were committed. History shows that Cesare Beccarua who was an Italian theorist, first suggested linking crime causation to punishments in the eighteenth century. He is known as the founder of the Classical School of criminology. The classical School is the theory linking crime causation to punishment, based on offenders’ free will and…
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The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…
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Several different objectives exist in sentencing, including “deterrence, incapacitation, rehabilitation and retribution” (2012). Retribution is a sentencing objective that has proven to be the most effective in…
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Criminal sentencing in America has long been guided by one of several different major philosophies of punishment, including retribution, deterrence, incapacitation, and rehabilitation (Spohn, 2000). Retributive sentences involve punishments intended to exact revenge, in line with the biblical idea of “an eye for an eye.” This is based on the belief that some behaviors are unconditionally wrong and therefore justified of punishment. From this perspective, sentences should be equal with the harm done to society. Deterrence, on the other hand, involves a more practical basis for sentencing. It is based on the concept that crime is easily chosen as the result of a rational cost-benefit examination. Individuals will engage in crime when the benefits…
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The sentencing phase of the criminal justice process is where a guilty offender is sanctioned for his conduct. The goals of sentencing include retribution, rehabilitation, deterrence, and incapacitation. Historically the primary goal has varied by criminal justice era and the crime committed. However, each sentencing goal has a specific purpose (Masters, et al., 2017). The sentencing goal of retribution is normally pursued in heinous crime cases. Its aim is to castigate the offender. In contrast, rehabilitation is a sentencing goal that seeks to correct offender conduct, by teaching offenders, skills that aid in the prevention of recidivism. On the other hand, the sentencing goal of deterrence seeks to discourage future criminality by way of…
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How many times have we watched the news and the headline story involves a man being arrested for a violent crime? And let’s say that the crime is forcible rape. Our first thoughts are, “Oh man, they need to castrate that joker!” or “They need to put that guy in the same cell with Big Bubba!” Don’t lie! We have all had those thoughts. We especially take offense if the crime involves a child, an elderly person, or a disabled person.…
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