The Purposes of Punishment - 1402 Words

The purposes of punishment. What are the purposes of punishment? Which do you consider to be the most important and why? Student: *********** Student number: ******* Tutor name: ************* Hand-in date: 21st of November 2011 To begin with, it is necessary to say that punishment is an integral part of modern countries’ legal systems, because countries have a duty to protect society from wrongdoers and authorities could reach success in it by punishing offenders. Oxford English Dictionary defines punishment as the infliction or imposition of a penalty as retribution for an offence. There are four main purposes of punishment – incapacitation, deterrence, retribution and rehabilitation – and the aim of this paper is to†¦show more content†¦Deterrence is a further purpose that needs to be highlighted. The aim of punishment is also to warn people from crime committing under the fear of being punished and it might be reached through the well-developed criminal justice system, one of the main aim of which is to ensure that every wrongdoer will be punished for the criminal acts. There are two kinds of deterrence. They are general and specific deterrence. Ferris defines specific deter rence as deterrence which attempts to persuade the individual before the court not to commit further offences, while general deterrence is defined as the process of persuading others who might be inclined to offend not to do so. Deterrence has its own pros and cons as well. One of the main deterrence benefits is that it may reduce crime rate significantly and sharply. For instance, there is a three strikes policy in most states of USA, which means that if an individual has already been in jail two times and if this person commits a third crime, she would be automatically sentenced for 25 years regardless of crime seriousness. On the other hand, the main drawback is that criminals usually think that they will not be caught, so they continue committing crimes. Retribution, as the next aim of punishment, is associated with the idea that the wrongdoers have to be penalized and punished for violation against the civilians. Retribution could be viewed from two aspects: revenge and restoration. According to Oxford EnglishShow MoreRelatedPurpose and History of Punishment785 Words   |  4 PagesPurpose and History of Punishment The American society of punishment has been heavily based on British law, which has in turn grown from Western capital punishment and personal retribution. In the seventh century A.D. leaders in government have begun to realize that crimes harmed society. The government started becoming more involved in controlling crimes and punishment for the crimes being committed. To protect the citizens the leaders of the governing body assembled a set of laws that were passedRead MorePurpose Of Corporal Punishment1151 Words   |  5 PagesCorporal Punishment is the intentional act of disciplining by inflicting physical pain as retribution for an offense or wrongdoing. The purpose of corporal punishment is to prevent the offense or wrongdoing from happening again by instilling or associating fear with these undesired acts. Corporal punishment may be divided into three main types: parental or domestic corporal punishment, school corporal punishment and judicial corporal punishment which closel y related to prison corporal punishment. QuiteRead MoreThe Purpose of Punishment in a Modern Society Essay2234 Words   |  9 PagesPunishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book â€Å"Punishment and Rehabilitation† reiterates that â€Å"punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our socialRead MoreDiscuss Factors That Affect Sentencing Decisions, Including the Purposes of Punishment and the Role of Victims.783 Words   |  4 Pagesthat set precedent for all judges and magistrates in the state. Within this legislation are the purposes for which a sentence may be imposed, types of penalties, minimum/maximum senten ces and mandatory sentences. The purposes of sentencing are set out in the Crimes (Sentencing Procedures) Act 1999 (NSW) and fundamentally include deterrence, retribution, rehabilitation and incapacitation as the purposes by which a judge may impose a sentence. Deterrence intends to discourage specifically offendersRead MoreSection 3a Of The Crimes ( Sentencing Procedure ) Act 19991572 Words   |  7 Pagesofficial purposes of sentencing: http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s3a.html These ‘purposes’ are often said to be in conflict. Analyse these stated purposes in light of the broader philosophies of punishment in order to explain the tensions that are inherent in the business of punishing. Your essay should present an informed argument on which purposes and/or alternative understandings of justice should take precedence over others and why. The purposes of punishment in NSWRead MoreThe Retributive And Utilitarian Theory Of Punishment1478 Words   |  6 Pages Punishment is any kind of negative penalty inflicted on the wrong doer to prevent him from doing wrong in the future. Though there is no specific definition for punishment, it implies all those acts that are required to teach the wrong doer a lesson. Taking a negative step towards the offender. Since the evolution of time, there have been many sociologists who have given their theories on punishment and how the offender should be punished. The theories vary in terms of approach takenRead MoreHistory and Purposes of Prisons884 Words   |  4 PagesHistory and Purpose of Penitentiaries Jeffrey Brown CJA234 July 7,2012 George Chavarria History and Purpose of Penitentiaries Crime has had an impact on society for years, and will continue to do so well into the future. The presence of criminals and criminal acts proved that there was and all ways will be a need for penitentiaries. Correctional facilities no matter if they are prisons, jails, or penitentiaries are all part of the criminal justice system. Their overall goal and objectiveRead MoreThe On The Juvenile Justice System Essay1236 Words   |  5 Pagesjustifiable concern, the proposed changes to the purposes clause would go against the primary purpose of the juvenile justice system, rehabilitation and treatment as opposed to punishment. During the 19th century, the American legal system tended to treat juveniles who violated the criminal law much as it did adult offenders. Consequently, if courts found children criminally responsible, they would then impose the same sentences, e.g. capital punishment, and committed these youths to the same penalRead MoreCorporal Punishment and the Effects of It s Usage757 Words   |  3 PagesCorporal Punishment and the effects of its usage Corporal punishment is the ability to make physical contact as a form of punishment for reprimanding ones behavior. Corporal punishment versus positive reinforcement while they both serve their purpose corporal punishment is known to be more effective. The most common form of disciplining has always been either a spanking, corporal punishment has been dated all the way back to biblical times. Now the corporal punishment that occurred during biblicalRead MoreSocial Punishment And Its Impact On Society Essay1628 Words   |  7 PagesThroughout time, the use of punishment has changed drastically. Not only has the actual infliction of punishment changed, the reasoning behind this punishment has also changed. There have been numerous scholars, educators, and researchers that have presented various theories on the reasoning behind societal punishment. Some of these theories are closely similar, however some are drastically different. It is important to note that these theorists have broa d perceptions that can be rooted back to specific