Punishment has always been the traditional method of crime control. Punishment is the intentional infliction of torture and hurt, yet punishment has been an area of significant dispute (Hucklesby & Wahidin, 2013). When looking at theoretical justifications for punishment outside the criminal justice system, it is important to address the main theories of punishment and what they aim to achieve. These theories can be placed under two categories â Utilitarianism and Retributivism. Utilitarian theory believes the use of punishment is...
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âMen are punished by their sins, not for them.â – Elbert Hubbard[HK]. Punishment is always caused by oneâs sins whether that be public disgrace or being punished by their own conscience [BRG]. In Hawthorneâs classic, The Scarlet Letter, several characters receive punishment, both just and unjust, for their sins [TH]. Hester receives punishment both publicly and privately, Dimmesdale receives punishment by keeping his sin private, and Chillingworth receives punishment by seeking revenge for Dimmesdaleâs sin against him [OS]. Hester receives...
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In society, punishment is used to set out anything we may view as painful; such as rough treatment or handling (McTaggart, 1896). When it comes to crime, punishment is considered to be important and necessary to deter crime and those to commit it. Punishment has a variety of uses within society, however the most common use is to promote the behaviour that society deems acceptable whilst, simultaneously, discouraging behaviours that are considered inappropriate. Durkheim believed that society can only restore...
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Many news articles and statements have been made debating whether the death penalty should still be used. One of the arguments against the death penalty is that it is cruel and unusual punishment. The website for the American Civil Liberties Union (ACLU) explains, ‘It is cruel because it is a relic of the earliest days of penology, when slavery, branding, and other corporal punishments were commonplace… It is also unusual because only a random sampling of convicted murderers in the...
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For a long time, systems of condemning and imprisonment have had various goals. These destinations contain discipline, out of action, discouragement, and recovery. In as of late years the approach activities have much of the time been approved with the plan of improving our present arrangement of criminal equity. New confirmations comprise of truth in sentencing, three strikes, and required essentials, which were all intended to dishearten with the danger of overwhelming broad jail terms for those indicted for criminal...
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Abstract Crime and Punishment have existed since biblical times. Since the beginning essentially no laws were in existence, and the whirlwind of what society deemed as necessary has provided some significant historical impacts throughout the centuries. Crime has in essence, been the same although it has had some changes due to our technological advances, however punishment, nevertheless, has gone through many changes. Medieval times, of torture, and trials by ordeals transitioned to the Magna Carta, putting forth the earliest versions...
4 Pages
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This scene makes one wonder whether or not this action is right, which is the point of Judge Dreddâs character. There have been many theories of ethics proposed that attempt to answer what makes a punishment right and justified. Three notable philosophers, Immanuel Kant, John Stuart Mill, and H.L.A. Hart, have all proposed their own theories. For our society to be one that is moral, we must analyze each of these philosophersâ theories to see which we should model our...
4 Pages
1960 Words
Introduction: Models of punishment vary according to the severity and type of offence. Retribution (punishment), rehabilitation, deterrence (crime prevention) and incapacitation (i.e. imprisonment) are all models of punishments that are represented within criminal justice policies. These different models of punishment assist in the operation of the criminal justice systems (CJS) and its policies such as âdue processâ and âcrime controlâ that ensure that the CJS proceeds in a fair, equitable and public way. An offender should be given a fair...
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On the evening of January 29, 2017, 6 men lost their lives and another 19 sustained life-threatening injuries moments after concluding their evening prayers at the Islamic Cultural Centre in Quebec City, Canada. This tragedy was a consequence of a violent terrorist attack whereby Alexandre Bissonnette, a well-educated man in his late twenties of who many close to him say was born to model parents, opened fire on a mosque reportedly packed with 53 innocent people. The perpetrator was charged...
3 Pages
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Abstract This essay is about how to best justify punishment. I will explain and review a few different theories on punishment and then evaluate them, revealing which I think is the best (or most morally justified). Consequentialist punishments usually issue a great benefit to the majority of people involved, because of its potential to develop society. However consequentialist punishments, such as deterrence, are sometimes too harsh on the offender and is therefore sometimes unfair. Despite the issues with consequentialism, I...
6 Pages
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Punishment is a legal process and complex phenomenon, shaped by social and historical forces which has a range of effects that reach beyond the population of offenders. Punishment ensures that we are protected from criminals and they pay for their consequences, as Garland states, punishment is a âprocess whereby violators of the criminal law are condemned and sanctioned in accordance with specific legal categories and proceduresâ (1990:17). The main purpose of punishment is to prevent crime, however, principles of distribution...
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Capital punishment or the death penalty is the institutionalized practice that seeks to deliberately cause the death of someone known to or accused of the most heinous crimes. The idea of a heinous crime is subjective to what certain people believe, crimes that are often described this way and result in capital punishment are: murder with special circumstances, treason, perjury that results in the execution of an innocent person and assault with a weapon while serving life. Historically there is...
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To what extent can retributivist and consequentialist punishment philosophies, in conjunction with key sociological perspectives on the role and function of punishment be used to justify the use of the death penalty? Capital punishment is the government-sanctioned practice whereby an offender is legally executed by the state as punishment for a crime. Its usage dates back to the beginning of human civilizations for, without developed prison systems, there has historically been no other alternative to incapacitate and punish criminals. Today,...
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Analytic Essay In this paper, the following will focus on the topic of punishment and social production with a specific focus on management, control, and place. The first section of this essay will address ways in which punishment creates social order not only for those labeled as offenders, but society as a whole. The second section of this paper will address the social mechanisms, policies, and actors involved in punishment, in which the third section of this paper will focus...
6 Pages
2567 Words
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