...qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwer...
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...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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...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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...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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...Guzman Lady Cruz Jessica Olguin University Of Phoenix CJA/394 February 8, 2012 There has been a great amount of change in the philosophy and practices of sentencing and corrections in the past 30 years. In the first seven decades there was a strong emphasis on rehabilitation that lasted until 1970’s. The focus on rehabilitation gave way to the focus on fairness and justice which was considered the “just deserts” model. Then the sentencing practices moved on toward a crime-control model which became extremely popular in the 1980s and 1990s. These changes lead to the sentencing practices that are used today and focus on four major goals; retribution this refers back to the just deserts model meaning that people who break the law deserve to be punished. The three other goals deterrence, incapacitation and those most favored one rehabilitation all of these have their own effective emphasizing methods used to protect the public. The get tough on crime perspective is where the sentencing stage is at currently this has caused an increase in prison populations. As the population and the population of minority groups in the justice system continue to grow it is likely that we will move toward a treatment orientation, and community corrections will be enhanced and expanded. Retribution is one of the first philosophies corrections followed. This model refers back to the just desserts model, basically that people who break the law deserved to be punished. This is based...
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...The Punishment Philosophy Clay Stake CJS/220 January 15, 2012 Tony Sanders The Punishment Philosophy After the conviction process has ended, the sentencing phase has five punishment philosophies the courts can impose. Deterrence, incapacitation, rehabilitation, retribution, and restoration are all punishment philosophies that have the same goal to prevent crime. Judges impose sentences that fit the crime, but must be reasonable to the public and not violate the United States Constitution. Judges may also decide to impose sanctions like fines, probation, home confinement, or even the death penalty. Sentencing and sanctions can be used to rehabilitate criminals, deter crime, or even plea bargains. No matter what the philosophy or the sanction of the sentence, the result is that past behavior can be used to predict future behavior. The five punishment philosophies start with deterrence. Deterrence is a known penalty for crimes committed. For example, the three strikes law was imposed to deter criminals from committing crimes or face extended incarceration. Deterrence was designed to have certainty of a punishment, celerity or swiftness of that punishment, and the severity of the punishment. This philosophy is assuming that all people will consider the consequences of his or her actions before they act. This also means that people will learn from the punishment of the innocent. Incapacitation is the removal of criminals from society. Prisons are the most common...
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...The Philosophy of Corrections Israel Nava For CJUS230, B01-DLP Professor Paul Rickert Liberty University September 5, 2008 Introduction The Purpose of Corrections Appropriate purpose of corrections. Rules are set in society to maintain a sense of order and security within the community. When these rules are broken, alternatives must be set in place to handle the offenders. Thus, different forms of “punishment” were developed to deter others from breaking the rules. These philosophies include incapacitation, rehabilitation, deterrence, and retribution. While touching on the subject of the rest, retribution is quite possibly the most effective when it comes to handling societies’ problems. Incapacitation Preventing Crimes Restricting offenders. In the past, corporal punishment involved incapacitating the offender by making it impossible for him or her to commit further offenses of a like nature. For example, the hands of a thief were cut off; the eyes of a spy were gouged; rapists were castrated; prostitutes were disfigured to make them unattractive. According to Reid (2008), another form of incapacitation in earlier days was to brand the offender with a letter symbolizing the crime; thus, an adulteress was branded with the letter A. In modern times, incapacitation has been accomplished primarily through incarceration. [Incarceration] emphasizes maintenance of security and order through the subordination of the prisoner to the authority of the warden...
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...Philosophy, Sanctions & Criminal Justice CJS/220 5/17/2014 Microsoft Christina Israel Our criminal justice system works on four different philosophies of punishment. They take those four punishment philosophies and apply them to the law of keeping others safe. Most of the philosophies are pretty self explanatory. I am going to go through them all and show how each affects the post-conviction process and how sections relate to the each punishment philosophy. The first one, which most of us are very familiar with is Deterrence. Deterrence is when you attempt to scare people from committing crimes because they do not want to be punished for them. This philosophy occurs in one of two forms. A person will not commit a crime because they have learned from the punishment they have already received from committing a crime before. For example, if a person was driving their car at 50 mile an hour, while the speed limit is set for 35mph, that person could very well be pulled over and stopped by the police. Not only will they be given a ticket, but can also have their car towed to the impound lot which will then cost them a minimum of 150 dollars to get out. They will also have to show up at a court date and pay the court cost. This could be enough to teach them to pay attention to the speed they are driving at from now on. Then there is the case when a person might not commit a crime in fear of the punishment that they have seen someone else receives for violating the law....
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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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...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 Old Testament it says, “An eye for an eye” and “a tooth for a tooth”. This is the basic philosophy of retribution that is in our society today (Clear, Pg.66). This quote from the book shows that at least the very idea of retribution has been around forever. This basic idea was just to make sure that people get punishment similar and equal to whatever their action may have been. Our definition...
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...Abstract In today’s system, there are several competing theories for what approach should be taken to improve the correctional system. Certain strategies, such as punishment and rehabilitation, have different goals. These goals, in most cases, are different from each other. People all over prefer one strategy to the other, and compelling evidence can be brought into perspective for each. Aside form the usual, non traditional aspects and approaches to fixing the corrections system are also talked about today. This paper will discuss all elements of corrections theories, its goals, its effectiveness, and the rating of completion of academic and vocational programs offered to inmates in prison. Running Head: CORRECTIONAL THEORIES 3 Competing Theories Of Corrections In The Criminal Justice System In today’s day and age, many views and criticism take place of the Criminal Justice system. In specific, the correctional aspect of the system receives much of this criticism. There are two strategies particularly that come into play most often when speaking of corrections. These two strategies are punishment, and rehabilitation. Each of these strategies have its own set of goals and its own set of skepticisms from outsiders. On one hand, people may prefer punishment and its goals, and on the other some may solely believe in rehabilitating inmates. Each approach has it benefits, as well as its faults, just like anything else. Most...
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...J. Fletcher March 25, 2014 Punishment and Its Purpose As long as intelligent beings have existed, there have been wrongdoings and retaliation of some sorts for those wrongdoings. As human beings came together and formed tribes, villages, towns, cities, etc., the society within each of those set rules and a standard of fairness in punishment, for all to live by, which is based on what they felt was the best consequences possible. Punishment comes in two forms: Retribution (backward-looking) and rehabilitation (forward-looking). In giving out punishment, we should always strive for what can bring the greatest good and least bad for a society. Forward looking punishment presents the greatest good and least bad for a society. Therefore forward looking punishment should be the preferred method of punishment. Before we explore this idea further, we must solidify what it means when we say punishment. One situation that we could safely label as punishment is a case of a person sent to prison by a government for a crime of breaking a law or rule set by society. On the opposite side, we could take a person that goes about life in a lawful manner, never being incarcerated, as a clear case of non-punishment. Now suppose we take this situation: If someone murders an innocent person, and then is immediately struck by a bolt of lightning, have they been punished? Without entertaining any theories of karma, punishment by a deity, or anything outside of time & space, I suppose this...
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...the severity of the crime, number of past crimes, and the potential of re-offending. It relies mostly on political clout which is used to shape public opinion and in turn determines what is a crime, and the appropriate punishment for a particular crime. It has rarely used science based methods, though it is beginning to see the benefits of such methodologies and will most likely implement more science base strategies in the years to come. Our current correctional system utilizes five general types of sentencing concepts to enact punishment on offenders, “retribution, incapacitation, deterrence, rehabilitation, and restoration” (Schmalleger, 2014, p. 341). Each of these represents a different philosophy which stems from a different understanding of human nature. Retribution and incapacitation are the only ones that are truly forms of punishment. Deterrence is a philosophy based on the threat or fear of punishment, and restoration is a goal of sentencing to help make victims “whole again” (Schmalleger, 2014, p. 343). I will discuss rehabilitation later in this paper. Retribution is defined as “A just deserts perspective that emphasizes taking revenge on a criminal perpetrator or group of offenders” (Schmalleger, 2014, p. 341). This is the oldest form of punishment and is based solely on an emotional reaction to a transgression of sorts. Retribution is synonymous with revenge and retaliation, all...
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...subject to a number of certain punishments, which are selected by relevance and effectiveness as seen fit by the prosecution. This concept is not a recently implemented part of the criminal justice system. Systems of criminal punishment can be traced back to the beginning of human civilization. Whether or not the Bible is considered to be fact or fiction, the commonly used concept of “an eye for an eye” was mentioned in Exodus 21:24, where the criminal’s punishment is proportionate to the harm caused. (Sterling) An aristocrat named Cesare Beccaria was a man dedicated to reforming the criminal justice system that was in place at the time (late 1700’s). His views and ideas on the justice system are nowadays commonly referred to as classical criminology. There are many current day supporters of a more classical approach to the system and Beccaria’s influence on the common idea behind punishment helped shape the system for the ages. When looking at today’s forms of punishment from a classical criminological perspective, there are many commonalities in the main purpose behind these measures. Some of Cesare Beccaria’s ideas are evident in the justice system of today, proving to be logical and effective. However, many of the currently adopted philosophies behind the purpose of punishment go completely against those ideas of Baccaria’s as well. Cesare Beccaria was an advocate for the Utilitarian justification to crime. Through this practice, punishments are centered around reforming...
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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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