Not that I would like to criticise the punitive measures but the aim of punishment must as well evolve. Retributive theory also known as just desert theory aims at revenge failing to take into account why the crime was committed and in what state of mind one was. Again it is not easy to give the right measure of punishment in comparison with the two wrongs do not make a right finally justice system is never perfect as this theory insinuates. Deterrence theory may seem good on the surface but people view differently the pain of one punishment as a deterrence.
Stephanie Underhill There are five punishment philosophies used in the criminal justice system, deterrence, rehabilitation, incapacitation, retribution, and restoration. The first philosophy is deterrence, this philosophy tries to convince people not to commit crimes or violate laws.
When a person decides not to do something like parking in a handicapped space because they will be fined for breaking the law, this is called deterrence.
Officers can decide to write a warning instead of taking formal actions like having the offender appear in court. Specific deterrence or is when an offender decides not commits future crimes.
General deterrence is a person decides not to commit a crime, because others were punished for similar crimes and do not want to deal with the punishment if caught. The person has a physical illness, psychological disorders, or a social disorder that causes them to commit these criminal offenses.
The offenders that the system deems rehabilitated are paroled and released from prison. When offenders are placed behind bars they are not able to victimize other people in society. Incapacitation is not limited to prison or jail, it also includes house arrest, or in-patient treatment programs.
The retributive theory is punishing the offender by taking away their advantages that they might have gained from their criminal or illegal acts.
Under this theory, criminals deserve to be punished for the wrongful acts they have committed. Many supported of the retribution theory argue that it is morally wrong to allow a guilty party to escape punishment. For example, people that have a mental illness cannot be punished since they are not aware that they are committing a crime.
By punishing offenders, we restore balance in society instead of society seeking the desire for revenge.
|Locke's Political Philosophy (Stanford Encyclopedia of Philosophy)||Indeed, inmates are six times more likely to get off death row by appeals than by execution. And, in fact, many of those cases were overturned based on post conviction new laws, established by legislative or judicial decisions in other cases.|
|Punishment - Wikipedia||Background Philosophical reflection on punishment has helped cause, and is itself partially an effect of, developments in the understanding of punishment that have taken place outside the academy in the real world of political life.|
|Other Subject Areas||Theories and objectives of punishment Punishment has been a subject of debate among philosophers, political leaders, and lawyers for centuries. Various theories of punishment have been developed, each of which attempts to justify the practice in some form and to state its proper objectives.|
Restoration is when the criminal offender pays for any damage or lost property encountered by the victim when the crime is committed.
No matter what the sentencing guideline are for an offense, the judge or prosecution may also ask addition sanctions like cash value, community service or other programs that the judge feels fit will help in the rehabilitation of the offender or to make the victim feel complete again, like probation.
There is also custodial sentencing like incarceration or home confinement instead of being in jail or prison. People that have jobs and the system feels that it would cause a hardship for themselves or their families can get work release, study release, weekend sentences, or even electronic monitoring.
Every judge has their own theory that they use and practice when sentencing criminal offenders. Most judges adhere to a particular philosophy and pick the penalties that they feel suit the particular criminal offense. The Courts in our Criminal Justice System. Upper Saddle River, NJ:Price, Henry Habberly ().
British philosopher who defended a comprehensive theory of the relation between sense-data and material objects in Perception (), Hume's Theory of the External World (), and Thinking and Experience ()..
Recommended Reading: The Collected Works of Henry H. Price, ed. by Martha . The five philosophies of punishment include retribution, deterrence, incapacitation, rehabilitation, and restitution.
Retribution is the best at exemplifying the philosophy of punishment.
Early ideas of punishment included torture, beatings, branding, exile and death. Justifications for punishment include retribution, deterrence, rehabilitation, and incapacitation. The last could include such measures as isolation, in order to prevent the wrongdoer's having contact with potential victims, or the removal of a hand in order to make theft more difficult.
. There are skeletons in the closet of nuclear deterrence. Advocates of nuclear deterrence say nuclear weapons are not only justified, their existence seems to have worked, and to be working, right now.
David Barash avers that skepticism of nuclear deterrence . Philosophy of Punishment: Deterrence General and Specific Sentencing Model: Indeterminate Sentencing For the philosophy of punishment I chose deterrence, specifically because of the goals and benefit this philosophy.
The deterrence punishment is divided in to two separate categories. First on is the general deterrence, the goal of general. Deterrence comes in two basic forms, general deterrence and specific deterrence. Specific deterrence is designed to deter only the offending individual from committing that crime in the future (Deterrence theory, n.d, p).
General deterrence is designed to prevent crime in the general population.