...Assignment: Punishment Philosophy Paper There are five punishment philosophies used in the criminal justice system, deterrence, rehabilitation, incapacitation, retribution, and restoration. (Meyer & Grant, 2003) The goal of each philosophy is to prevent criminal offenses from occurring. 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. (Meyer & Grant, 2003) The two types of deterrence used are known as general and specific. 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 philosophy of rehabilitation is when the criminal justice system tries to end criminal behavior by “curing” offenders of breaking the law. (Meyer & grant, 2003) Under the philosophy of rehabilitation a crime occurs when a criminal or “sick person” commits a crime. 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...
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...Utilitarian And Kantian Concept Of Punishment Print this Table of Contents S. No. | Content | Page No. | | Introduction | 3. | | Research Methodology | 4. | | Chapter 1: Utility of Punishment | 6. | | Chapter 2: Retributive Justice And Legitimacy | 10. | | Chapter 3: Can Capital Punishment Be Justified | 13 | | Chapter 4: Finding A Middle Way | 15. | | Conclusion | 17. | | Bibliography | 18. | Introduction Punishment entails the intentional infliction of pain or some type of deprivation in an institutionalized form that individuals would generally prefer to avoid. This requires justification to be morally acceptable. Attempts to provide justification for infliction of punishment are made by various punishment theories. Punishment theories generally can be separated into a handful of philosophical camps—consequentialist theories, non-consequentialist theories, and mixed (or hybrid) theories that contain both consequentialist and non-consequentialist elements. What distinguishes these theories is their focus and goals: Consequentialist theories are forward-looking, concerned with the future consequences of punishment; non-consequentialist theories are backward-looking, interested solely in past acts and mental states; and mixed theories are both forward- and backward-looking, with each hybrid placing a different emphasis on culpable past conduct versus future consequences. The present paper will briefly examine the two dominant consequentialist and...
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...Punish Philosophy Paper CJS/220 June 10, 2012 Punish Philosophy Paper When a crime is committed there are thoughts of why it happened, but there are also thoughts of justice. When these crimes are committed the offenders will be labeled to fall in one of the three types of punishment, which are retribution, deterrence, rehabilitation,. Deterrence is a justification for punishment, which is to discourage criminals through the use of punishment. People have a choice whether or not to do a crime. Deterrence can be looked at as setting an example to future criminals. The justice system looks to discourage other criminals from continuing an illegal path. Although, today within society and the way the economy is deterrence is does not always work. Within the criminals mind they feel confident they will not get caught. Rehabilitation is another type of punishment. Rehabilitation is a program to reform the offender in order to prevent him or her from later offenses. This type of punishment is less harsh than retribution and deterrence. This is designed to help the criminal to conform and change their lives. With the crime rate so high correctional facilities are full and quickly becoming economically unsustainable and several jurisdictions are returning to rehabilitation as a more effective choice for managing offenders The last philosophy of punishment is restoration; in this philosophy “the main concern is about restoration of the victim and victimized community than with...
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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 and Sentencing Philosophies Punishment and Sentencing Philosophies Chandra Walker Axia Online-UOP Abstract In this paper we will discuss the various punishment and sentencing philosophies that are used within the criminal justice system. The process that is used to apply justice is determined for the most part by punishment philosophies. These philosophies are used to express a variety of different concerns and arguments regarding the use of appropriate sentencing and treatment. Rehabilitation is a philosophy that predominantly rues the juvenile justice court system, but do not carry as much weight and is widely scrutinized within the adult courts sector. Rehabilitation may be scrutinized in the juvenile justice court system when the criminal behavior of the juvenile continues to escalate, but when rehabilitation is successful then it can be both beneficial for the criminal and society. When the appeals process is exercised it provides the fair practice of law, ensures those at trial the rights of due process, and gives clarity and provides full understanding of justice and the law. Punishment and Sentencing Philosophies In any nation that strives for great democracy, the major concern is the guaranteed universality of justice. For the US this is an ongoing process that is pursued largely in the court systems on an ongoing basis. Many criminalists state that if it the general basis for an action to constitute a crime really...
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...Sentencing Paper CJS / 200 There is a lot that goes into sentencing and punishment of offenders, including reasons, form of punishment, ways to prevent future punishment for the offenders. There are four philosophical reasons that surround the purpose of sentencing which includes retribution, deterrence, incapacitation, and rehabilitation. Along with the reasons for sentencing there are the six forms of punishment. These forms include intensive supervision to incarceration. The four philosophical reasons surrounding sentencing are retribution, deterrence, incapacitation, and rehabilitation. The first philosophical reason is retribution, which is the philosophy that a punishment will be determined on the severity of crime committed. Retribution is not the same as revenge and often the overall punishment is not satisfying to any victim(s); with that being stated the retribution philosophy goes by the Old Testament which states “an eye for an eye and a tooth for a tooth.” The deterrence philosophy is the next reason and has two parts, the general and specific. This philosophy is based on the belief that the criminals will come to the realization that the punishment outweighs the crime, therefore the criminals will be deterred from committing the crime. The first part of this philosophy is the general deterrence, or the theory that by punishing one person for a criminal act will deter other people from committing similar crimes. The specific part of the...
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...Sentencing and Punishment Paper Karen Peters CJS/200 03-31-2013 Brenda Barney Sentencing and Punishment Paper There are several philosophies used in the court systems that are used in determining what the punishment will be for criminals that are found guilty for the crimes they have committed. The four philosophical, reasons are used in juvenile and adult courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms. The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just deserts”...
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...Running head: CORRECTIONAL THEORY PAPER ON RETRIBUTION WITH HISTORY Discussion of Retribution with History and its Practice Abstract Retribution is one of the most important theories in our criminal justice system today. In this essay we will look at the key elements, the history, the future and the modern application of Retribution in our society. Discussion of Retribution in Corrections Introduction The first theory that will be discussed is Retribution. Retribution is a form of punishment that is sometimes mistaken as revenge but is actually a legitimate punishment philosophy because it has three key elements that are; formal penal sanction, equity, and just deserts (Alarid, Pg.24). Retribution is the punishment given to an offender for a crime that is morally right and is fully deserved. The reason retribution really defers from revenge is the three elements above. The formal penal sanction of it is when a law has been broken and action is taken for the good of the public. The next element is equity; this is to make sure that people that commit the same crime get similar punishment and are treated the same. The final element of retribution is just deserts; this is to make sure that the punishment is proportional to the seriousness of the offense and the culpability of the offender. This is what retribution is and now we can look at the history of it. The history of Retribution can reach back a long way in our history. If you look at these words from the...
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...Introduction The various mixture philosophies are a great idea. The primary model should be incapacitation. There should not be any television or any activities for criminals that carry a heavy violation. Criminals that are incarcerated have too many luxuries. This paper will discuss the different punishment levels dealing with the juvenile system. These philosophies are used to express a variety of different concerns and arguments regarding the use of appropriate sentencing and treatment. Some of the main philosophies of punishment are retribution, incapacitation, deterrence, and rehabilitation. Retribution is an idea that the people who violate the law by committing a crime, deserves to be punished. People who violate the law should be punished just because they broke the law. Most critics argue that punishment is not always the actual outcome. Deterrence is an idea that those who commit a crime must be punished to serve as an example so that people will think twice about committing a crime. Incapacitation is for an offender who is being punished will not be able to go back into society to commit more crimes. For most offenders being in prison is supposed to allow the prisoner to suffer for his criminal violations. The advantage to this philosophy is that incarceration keeps people from getting hurt, and more importantly takes the offender of the streets. Rehabilitation is seeking the reason that the crime was committed in the first place. Rehabilitation is ranged from providing...
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...Punishment and Sentencing CJA 224/Introduction to Criminal Court Systems March 26,2012 Abstract This paper will explain and identify the various punishment philosophies within the juvenile court and its processes. Also the adult court process will be explained how they differ with the punishment philosophies. In addition, the sanctions involved, various legal factors associated with sentencing, and the aspects of the appeals will be explained. There are four punishment philosophies which include: deterrence, incapacitation, rehabilitation, and retribution. The goal of each philosophy is to deter crime, however each approach is different. The purpose of deterrence is to prevent crime by persuading individuals not to commit crimes because they have been punished for violating the law. For example, “when people decide not to park in a handicapped space because they have been fined or do not want to be fined, they have been deterred from illegal activity” (Meyer & Grant, 2003). There are two types of deterrence: general and specific. Specific deterrence is when criminals are deterred from future crimes because they have been punished. At whatever time convicted criminals state they want to avoid returning to jail, specific deterrence is in effect. General deterrence is when the community or people in general are deterred because they know criminals are punished. For example, when driving a vehicle, it is known not to speed or a ticket will be issued; to...
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...achieve society’s goals. (TCO 2) An offense punishable by incarceration, usually in local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less. (TCOs 3&4) Which local law enforcement official is responsible for serving court papers, maintaining security within courtrooms, and running the county jail? (TCOs 3&4) The legalistic style of policing: (TCOs 3&4) Unreasonable searches and seizures are prohibited by the: (TCOs 3&4) Historically, officers were allowed to use deadly force to prevent the escape of a suspected felon even when the person represented no immediate threat to the officer or the public. This was known as the: (TCOs 3&4) The most widely used system of indigent defense is: (TCOs 5&6) During a trial, the ________ happens before the closing statement, but after the jury selection. (TCOs 5&6) Bail serves two purposes. One is to help ensure the reappearance of the accused at trial. The other is: (TCOs 5&6) Which of the following is one of the more rational sentencing goals? (TCOs 7&8) Historically, ________ was the most widely used type of physical punishment. (TCOs 7&8) What word describes aggressive men who assume the masculine role in homosexual relations in male prisons? (TCOs 7&8) This group...
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...Introduction For centuries, philosophers and theologians have debated the existence, definition, and extent of human free will. While this debate may superficially appear inconsequential to the average person, our individual belief in (or denial of) free will, produces dramatic ramifications in every facet of the human experience. Your opinion on the topic significantly alters your worldview—directly influencing your individual perspectives on justice, punishment, equality, interpersonal relationships, etc. For Christians, our view of free will affects our understanding of God, generating a multitude of theological ramifications relating to righteous living, sin, salvation, etc. This paper will briefly examine the philosophy of determinism—the...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...The Juvenile Criminal Justice System The statistics of juvenile crime are staggering: each year the juvenile justice system processes more than 2.5 million juvenile arrests each year and decides the fate of nearly 5,000 delinquent juveniles every day. This paper will cover the philosophies that shape the juvenile system and how it differs from the adult justice system. It will also touch upon the sanctions involved, the legal factors that are associated with sentencing and how the appeals process works (Chung, Little, Steinberg, & Altschuler, Feb.2005) Historically, juvenile criminals were treated the same as adult criminals. It wasn’t until about a century ago that the philosophy behind the way that juveniles that violate criminal laws were treated differently from adult offenders. Punishment was the central criminal law philosophy in English common law. Most people presumed that children under the age of seven were not capable of forming criminal intent, thus eliminating them from the criminal justice system completely. Children between the ages of seven and 14 were also presumed incompetent to form the requisite criminal intent unless the prosecutor could demonstrate that the child knew the difference between right and wrong. Children over age 14 were presumed to have the capacity to form criminal intent (Patton, 2011). During this time there were no special courts to deal with adolescent offenders. Because of this they were arrested, held in custody, tried, and...
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...Theory of Justice Analysis Michael Lemke 532 February 20, 2012 Scott Schoellkopf Theory of Justice Analysis People need to know what crime analysis is to ensure that the current justice analysis is in place to discuss the theory of justice. An emerging field in law enforcement is crime analysis. A criminal justice agency new to criminal analysis may have difficulties in determining its main focus. Crime analysis is the breaking point for people who commit acts in violation of laws. Philosophy and ethics comes into play to deal with fairness in the theory of justice analysis. This paper will begin with an explanation of some of the principles in how the theories differ from traditional utilitarianism. The second part of this paper will continue with the explanation of how modern criminal justice agencies and other entities define justice. This paper will conclude with how security defines justice. The state of nature from the political theorists of Hobbes, Locke, and Rousseau states that men were under the assumption of only thinking about themselves, and they did dedicate themselves to their own interests. “Hobbes proposed an autocracy that protects its citizens through its very existence, leaving them no enforceable rights; Locke advanced a liberal regime in which life, liberty, and property are kept safe from governmental discretion, as they are seen as natural human characters; and Rousseau saw politics itself as a remedy for the discontents of private...
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