...in the world as long as human beings have walked on it. When there is a crime there must be a form of punishment. A form of punishment must exist when a person commits a crime, he or she must be taught a lesson to prevent the crime from occurring again. To understand how punishment was developed a person must start from the beginning. This essay will discuss the history of punishment, the history of prison development, the comparison of the Pennsylvania system and the Auburn system, and last the impact and involvement of prison labor over time. Before discussing the history of punishment one must know what the” term” punishment means. The “term” punishment can be in numerous ways but each “term” possesses the same meaning. One way of defining punishment is, a penalty inflicted on an offender through judicial procedure (Merriam-Webster, 2012). The use of punishment can be dated back to as early as the 1600s. During that era crime in America was punished based on the English criminal codes (Sieter, 2011). Examples of crimes in the 1600s would be drunkenness, stealing something of minor value, and slander (the utterance of false charges or misrepresentations, which defame and damage another's reputation (Merriam-Webster, 2012)). If a person was found committing any of the crimes previously listed he or she would be known as an offender. An offender would receive his or her punishment at the town whipping post or placed in stocks and pillories. Pillories are said to have been wooden...
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...Punishment Philosophy Paper Amanda Robertson CJS/220 1/19/14 Mrs. Kathy Holder Punishment Philosophy Paper Punishment philosophy has been studied for centuries for it plays a huge factor in criminal justice and the reform of the offenders when entering back into society. Obviously there are many different forms of punishment that an offender can face after being convicted off a crime. The punishment philosophy studies areas of incarceration rehabilitation, and whether or not these punishments hold any type of deterrence from committing crimes again. Punishment philosophy and its effects on the post-conviction process There are specific types of punishment which are deterrence, incapacitation, rehabilitation, and retribution. Deterrence is largely used throughout the community and has effects on offenders by deterring them to not re-commit a crime out of fear of facing the same consequence. It also affects the community for when people hear of the punishments one may face for committing a crime, or when a judge makes an example out of a criminal by giving the max penalty, it can deter the community from committing such a crime. Incapacitation is when offenders commit a crime and are then are incarcerated in prison, losing their freedom, their rights, and many then having a criminal record which will in many cases unless pardoned or expunged follow them for life. Rehabilitation is used as a way to in other words give the...
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...Punishment is a component of operant conditioning used to decrease the probability of a behavior or response by causing a change in the environment (Singer, B.F. 1970). This essay will discuss aspects of punishment such as methodology, effectiveness and its effects on behavior. It will review the effectiveness of punishment methodology by studying the variables such as age, gender, socio-economic status and exposure to crime. In the direct context of speeding, contemporary punishment includes ‘positive punishment’ whereby giving the offender a fine and ‘negative punishment’ by suspension of their license. This essay will also assess the effectiveness of punishment. Attempts to neutralize the issue of speeding include implementing warnings showing the severity and consequences of speeding. However, many young irresponsible drivers cannot relate to the seriousness by influence of their peers whom they value higher than authority figures of the law. Golias, J., Kanellaidis, G., & Zarifopoulos. K. (1995) shows that the major reason for speeding is the belief that speed limits are unreliable with a mean grade of 6.67 thus; this supports the idea that people do not perceive road authorities as an influential figure. At a younger age, influential figures are not ones that are necessarily responsible, but they appeal to them in anintrinsic way. In many cultures, speeding is acceptable; growing with this idea leads many drivers to have a habit of speeding (Blincoe, K.M., Jones, A...
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...Compare and contrast classicist and positivist criminology. Classical Criminology was developed in late eighteenth and early nineteenth centuries. One of the finding fathers of this approach was the Italian philosopher Cesare Baccaria. In 1764, Baccaria published his work On Crime and Punishment in which he protested against often cruel and harsh punishments, based upon the infliction of pain and suffering and appears to propose introduction of new legal system which will be reasonably fair and transparent. Classical criminology suggested that all humans are rational beings and their actions can be understood as “freewill” and crime can be regarded as an irrational judgement. Classicism assumes that people weigh up the cost and benefits of their crimes before they commit them. The focus of classical criminology was based only on the offence not on the individual, all people were treated as alike, judging seriousness of a crime was based on the act alone, and not on intentions or other factors which may influence the individual to commit the crime, for example; first-time offenders were treated the same as serial recidivist. Positivism was emerged in the early nineteenth century. However, it is widely assumed that scientific criminology began when Italian physician Cesare Lombroso published his work The Criminal Man in 1876. Lombroso studied the body shapes of executed criminals, he believed that particular bodily differences, for example skull size could identify and predict...
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...Capital Punishment Many distinctive doctrines in criminal law originated in efforts to restrict the number of capital crimes and executions. For instance, in the late 18th century, when all murder in the United States was punishable by death, Pennsylvania pioneered in dividing murder into two categories. The state enacted laws that authorized punishment of first-degree murder by death, while second-degree murder was punishable by imprisonment only. Elsewhere, penal codes uniformly required death for certain serious crimes. In these jurisdictions, discretionary powers to commute death sentences gradually expanded. (A commutation substitutes a lesser penalty for a more severe one—for example, replacing execution with a life sentence.) Today in many nations, including Turkey and Japan, the death penalty remains legal but the number of executions has declined over time. Although many jurisdictions limited imposition of the death penalty, no government had formally abolished capital punishment until Michigan did so in 1846. Within 20 years Venezuela (1863) and Portugal (1867) had formally eliminated the practice as well. By the beginning of the 20th century the death sentence had been abolished in a handful of nations, such as Colombia, Costa Rica, Ecuador, Norway, and The Netherlands. Although not formally eliminated, it had fallen into disuse in many others, including Brazil, Cape Verde, Iceland, Monaco, and Panama. The defeat of the Axis powers provided a foundation for...
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...Capital Punishment Many distinctive doctrines in criminal law originated in efforts to restrict the number of capital crimes and executions. For instance, in the late 18th century, when all murder in the United States was punishable by death, Pennsylvania pioneered in dividing murder into two categories. The state enacted laws that authorized punishment of first-degree murder by death, while second-degree murder was punishable by imprisonment only. Elsewhere, penal codes uniformly required death for certain serious crimes. In these jurisdictions, discretionary powers to commute death sentences gradually expanded. (A commutation substitutes a lesser penalty for a more severe one—for example, replacing execution with a life sentence.) Today in many nations, including Turkey and Japan, the death penalty remains legal but the number of executions has declined over time. Although many jurisdictions limited imposition of the death penalty, no government had formally abolished capital punishment until Michigan did so in 1846. Within 20 years Venezuela (1863) and Portugal (1867) had formally eliminated the practice as well. By the beginning of the 20th century the death sentence had been abolished in a handful of nations, such as Colombia, Costa Rica, Ecuador, Norway, and The Netherlands. Although not formally eliminated, it had fallen into disuse in many others, including Brazil, Cape Verde, Iceland, Monaco, and Panama. The defeat of the Axis powers provided a foundation...
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...The Death Penalty The death penalty is a form of punishment in which a person who has been convicted of a serious crime is executed under the precept of the criminal justice system. The death penalty has been in existence for thousands of years and has gained wide acceptance in the United States since early colonial times. Even those who framed the Constitution specifically the Fifth Amendment approved of it though implicitly (McCord and Latzer 9). Despite the growing acceptance of the death penalty as an appropriate punishment for certain kinds of crimes such as first degree murders, there are still some people who argue against it on certain grounds. The debate as to the justification of the death penalty has raged on for a long time. On one hand, there are those who are of the opinion that the death penalty is a cruel punishment which is morally wrong and a violation of the right to life for its victims. Others defend their opposing views by citing the wave of abolition of other types of corporal punishment such as branding and flogging and propose that imprisonment should also replace the death penalty (McCord and Latzer 9). However, the death penalty has proved to be a punishment befitting certain crimes such as horrific murders as it is the ultimate punishment. It has taken many harmful elements off the streets besides acting as a deterrent for both the convicted criminals and other potential murderers out there. In essence, it has saved many innocent lives that otherwise...
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...have argued that prison is an ineffective institution that does not work to prevent reoffending. Yet the question itself has far too many layers to be analysed in order to reach a consensus whether or not prisons are truly fulfilling their purpose. This essay will...
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...The Death Penalty The death penalty is a form of punishment in which a person who has been convicted of a serious crime is executed under the precept of the criminal justice system. The death penalty has been in existence for thousands of years and has gained wide acceptance in the United States since early colonial times. Even those who framed the Constitution specifically the Fifth Amendment approved of it though implicitly (McCord and Latzer 9). Despite the growing acceptance of the death penalty as an appropriate punishment for certain kinds of crimes such as first degree murders, there are still some people who argue against it on certain grounds. The debate as to the justification of the death penalty has raged on for a long time. On one hand, there are those who are of the opinion that the death penalty is a cruel punishment which is morally wrong and a violation of the right to life for its victims. Others defend their opposing views by citing the wave of abolition of other types of corporal punishment such as branding and flogging and propose that imprisonment should also replace the death penalty (McCord and Latzer 9). However, the death penalty has proved to be a punishment befitting certain crimes such as horrific murders as it is the ultimate punishment. It has taken many harmful elements off the streets besides acting as a deterrent for both the convicted criminals and other potential murderers out there. In essence, it has saved many innocent lives that otherwise...
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...Criminal Activity has been a part of societies throughout the world for thousands of years and for thousands of years these criminals have been met with a variety of different punishments. All of these punishments have 4 fundamental justifications in mind when punishing a criminal they include retribution,rehabilitation,deterrence and incapacitation. A 5th concept has made its way into these justifications for punishment and that is the concept of Restoration or Restorative Justice. This concept started to gain popularity through the 70s and 80s and has since progressed into becoming part of the criminological vernacular and is now studied and theorized by many academics worldwide. Throughout this essay the meaning of “Restorative Justice” will be broken down and explained as well as talking about its effectiveness with tackling different forms of crime and whether or not it has a place in the future of Criminology. In particular the application of Restorative Justice to intimate partner/family violence will be explored. Restorative justice is quite complex as it does not hold one meaning or definition but instead incorporates a range of different concepts that assist in achieving justice (K Daly, H Hayes 2001). Very basically it is a form of justice that tends to move away from traditional forms of punishment such as jail and monetary fines and instead focuses a lot more on the relationship between victims and offenders. It works on rebuilding and repairing these relationships...
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...and the superego. Each has its own function properties, components, operating principles, and mechanisms, the systems interact so closely with one another that it is difficult to disentangle their effects and state their relative contribution to man’s behavior. Id is the part of the personality system with which a person is born, it is inherited and that is present at birth. It is comprised of urges and desires plus the effects and fixations of early childhood experiences. All memories are kept here. All of the power for the operation of the other two systems and is in close touch with the bodily processes from which it derives its energy. It represents the inner world of subjective experience and has no knowledge of objective reality. Operates on the unconscious level of the human mind. Avoiding pain and obtaining pleasure, the Id has its command two processes the reflex action and the primary process. Attempts to discharge tension by forming a memory mage of an object that will remove the tension. This form of memory image is called wish fulfillment and is the only reality that the Id knows. “I want.” Ego come into existence because the individual needs some type of conscious element with which to make contact with the objective world of reality in order to satisfy the needs for the body and the Id. It derives its power from the Id. The ego develops as the “self” develops and becomes conscious not only of itself but of the outside world. Superego ...
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...Evolution of Life in Prison November 11, 2013 Evolution of Life in Prison The purpose of this essay is to do an analysis on the evolution and perspective of prison life. This essay will explain how the evolution influenced the classification of male and female prisoners over time. Last, this essay will explain how the prison populations in jails compare to the population of prison at the state and federal levels. A person could describe prison life as living with thousands of other men and women, who also have criminal convictions by the judicial system. Prisoners will need to realize that his or her prison sentence is not a vacation; however, it is a punishment for his or her criminal mischief. Some people will not understand the true meaning of life in prison because they will not experience it themselves to pass judgment. As Stanley “Tookie” Williams did say in his Life in Prison book is no life in prison is hard for any individual who has to serve life in prison. Inmates will spend his or her time trying to figure out how he or she can win his or her freedom again (Becnel, 2008). The Evolution and Perspective of Prison Life A convicted felon prison life will change as the nature of the institution itself will change. The 1700s life in confinement is life in jail awaiting trial, sentencing, or punishment. Each prisoner will remain in the same jail together. Those prisoners will sleep in dirty and unhealthy jails. The prisons and jails have epidemics and malnutrition...
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...Capital punishment, also called death penalty, is the execution of an offender sentenced to death after conviction by a court of law of a criminal offense. The practice of executing people for certain crimes is very old; in fact, the term itself dates to a Latin root, capitalis, which means “of the head,” a reference to a common execution method used in Roman times. Currently 58 nations actively practice it, 97 countries have abolished it, and the remainders have not used it for 10 years or allow it only in exceptional circumstances such as wartime. However, It is a matter of active controversy in various countries as it violates human rights. What Is Capital Punishment Capital punishment is a practice in which prisoners are executed in accordance with judicial practice when they are convicted of committing what is known as a capital crime or capital offense. In other words, capital punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. History Of Capital Punishment Early Laws The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh...
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...Capital Punishment: A Historic Review Since the dawn of man, punishment has been an active part of society’s cultural structure designed to teach society members about morally acceptable behavior and attempts to promote progress and harmony among its citizens. Punishment can be categorized into four forms: retribution, deterrence, incapacitation and rehabilitation. Retribution argues that perpetrators of crimes should be punished by imposing a level of pain or punishment equal to or greater than the pain suffered by the victim. Deterrence can be further classified into two forms: general and specific. General deterrence seeks to influence individuals prior to the commission of a crime through fear of the known penalty. Specific deterrence focuses on seeking to impose punishment on the individual for lesser crimes in attempts to deter repeating or escalating criminal behavior. Incapacitation serves to remove individuals from society to ensure the safety of its members [3]. Capital punishment, commonly referred to as the death penalty, is the most extreme form of punishment imposed on an individual. It is currently defined as “the execution of a convicted criminal as punishment for the most serious of crimes [2]. Despite its current definition, its use throughout history has not always been so clearly defined and limiting. This paper will serve to discuss capital punishment and its application across time and the world. Application and Evolution Even before recorded history...
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...Sentencing Paper Tushar Vincent Botlero 12 March 2012 CJ/A-234 Melissa Andrewjeski Sentencing Paper Punishment has been a subject of deliberate 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. The quantity and severity of punishments were reduced, the prison system have been improved. According to the Montgomery County Correctional Facility, Maryland, some of the major reasons for punishment are to reform, deterrence, rehabilitation, compensation, and retribution. Punishment for reform is intended to benefit the offender and society by changing the offender into a contributor to society. Punishment as deterrence is intended to benefit society by discouraging would-be offenders. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are in prison because they broke the rules and would have to serve their time. Some go to federal prison and some go to state prisons. It depends on the type of crime that a person commits because these prisons harbor different types of criminals they also have different guidelines to follow in terms to punishing the inmates. Criminal offenders who benefit from prevention services and are at risk of committing...
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