...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...
Words: 6603 - Pages: 27
...Capital Punishment; Revenge or Desert? A Study of Capital Punishment And the Moral Dilemmas it Presents MODR 1760 Professor Dr. Jason C. Robinson March 31, 2014 Capital punishment is the legal process whereby a person is put to death by the state, as a means of punishment for having committed a capital crime. In this essay, I will discuss some of the main advantages and disadvantages of capital punishment and whether capital punishment is a morally and ethically viable approach to punishment. I hold a firmly retentionist position and believe that the most just and fitting punishment for one who has committed a capital offence would be the death penalty. I will support my position with statistics showing that capital punishment has successfully been used to deter people from committing capital crimes. As well, I will discuss various philosophies regarding the morals of execution and punishment in general. My goal in writing this paper is not to force abolitionist thinkers to change their position with regards to capital punishment, but rather to show abolitionist thinkers that there is another way to look at capital punishment. Two of the main principles that are used to support the retentionist philosophy are deterrence and retributivism. Deterrence is the theory that the death penalty is morally just because it will deter would-be murderers from committing capital crimes, which carry a sentence of execution. Retributivism is the idea that criminals should be punished...
Words: 2523 - Pages: 11
...conflict. People with moral standards sleep well at night. They take great pride in knowing that their intentions and actions are honorable. They also stay true to their beliefs, do right by others, and always take the high ground. They enjoy meaningful relationships based on openness, honesty, and mutual respect. When you have well moral character, people know that your character is dependable, your heart is in peace, and your word is good. They don't worry about embarrassment if their actions are shared with the public. They live a life they can be proud of. They're driven to make a difference and to do right by others rather than trying to impress others with extravagance. Advantages and Disadvantages of Retributivism Advantages of retributivism can be shown in several ways like, how each of us prospers depends not only...
Words: 847 - Pages: 4
...the idea of justice through the process of punishment and its outcome. One in particular text that is targeted with these ideas is In Cold Blood written by Truman Capote in the year 1966. In Cold Blood, takes place during the time of a quadruple murder case in Kansas, following two major suspects who were later convicted Perry Smith and Richard (Dick) Hickock. In the end, Perry and Dick do go through all four parts of punishment, and go through exactly with what Thom Brooks describes. Both Perry and Dick receive the most severe punishment, because of their crime committed, which is capital punishment (Sentence to Death). According to Beccaria’s explanation of the purpose of punishment, Capote's...
Words: 650 - Pages: 3
...in spite of the fact that arguments concerning the death penalty, its concepts of retribution, deterrence and just punishments have been disagreed upon. The question at hand is whether or not the death penalty is permissible and if so under what circumstances, which has long been a heated debate for centuries. The ethical issues surrounding the death penalty include the morality of this form of punishment and whether or not it is morally right to deprive a human being of life. This paper will discuss the background of the death penalty, its permissibility under the law and how the death penalty would be viewed by the ethical philosophies and various religions. The Death Penalty and its Permissibility Introduction of the Death Penalty The death penalty or capital punishment is the practice of executing someone as a form of punishment for a heinous or specific crime following a proper legal trial. The death penalty is usually a punishment sentenced for serious types of murders, in some countries treason, types of fraud, adultery and rape, which are capital crimes (Capital Punishment, 2013). The death penalty was introduced as early as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, who codified the death penalty for 25 different crimes. In the Seventh Century B.C. Athens the Draconian Code made the death the only form of punishment for all crimes. Fifth Century B.C. by the Romans in the Twelve Tablets, the death sentences were carried out by crucifixion...
Words: 4062 - Pages: 17
...Capital punishment is necessary to regulate violence, without capital punishment the civilians live will be unsecure and increase fear of violence in our society. Crime can occur anywhere; individuals that commit crimes become a fragment of our everyday lives; sometime we need to address the issue of crime, and questions that need to be answered of how to reduce crime from further happening and what appropriate punishment should be considered. Some individuals that commit a crime because they have no other option to survive, but some individuals do it for the pleasure of it or for personal gain. If a desperate mother stole bread and butter from the supermarket definitely do not deserve the death penalty. However, a terrorist or a serial killer...
Words: 1458 - Pages: 6
...The Study of Crime By Juan Andres Alvarez Crime & Society Instructor: Sara Rogers September 19, 2011 The Study of Crime: Throughout recorded history there have been numerous theories that explain why criminal behavior exists. One of those theories is The Classical Theory of Criminology, it states that the combination of free will, hedonistic decision making and the failure of the social contact in producing criminal behavior. I tend to agree that it all come done to free-will and the desire to commit such acts. In order to comprehend the study of crime we must first learn to prevent crime. There are many crime prevention programs that have work others have not. Unlike these theories many of these programs have not yet been evaluated or hold enough creditable scientific evidence to draw positive conclusions. Enough evidence is available, however, to create provisional lists of what might work; what hasn’t, and what’s potential to work in the foreseeable future. In order to formulate a possible list of programs in our neighborhoods we must continue to study of crime and its many possibilities; and to purse and punish those criminals that break the law and bring them to justice. We as society should focus on not just what type of crimes are been committed or to what rate they are been committed but we should focus our attention on the aspect of crime that has not been studied before the learning to find peace amongst ourselves. Before we can learn to find...
Words: 2331 - Pages: 10
...is because we have let them do as they please. Society has turned out a society of man and not of laws. We have shifted from thinking that the will of law shall be done to “our” will shall be done, thus, we have given these heartless criminals the chance to turn themselves into demigods here in on earth, believing that they are the law and justice does not exist until they say so. But that is never the case. If we only implement death penalty to punish and deter these criminals, then, we will see a rather different light. We will eventually see a changed society that sticks to the rule of law and adhere to what is just and right. On the contrary, there are individuals who argue that no matter how grave a crime one may commit, capital punishment should...
Words: 1876 - Pages: 8
...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
Words: 9462 - Pages: 38
...IIBM Institute of Business Management Examination Paper Business Ethics Section-A Part One: Multiple Choices: 1. (a) Information Technology 2. (a) Equal distribution of all benefits & burdens on peoples 3. (c) Retributive Justice 4. (b) Free Markets 5. (d) Historical Materialism 6. (a) Pure Monopoly 7. (a) Highly concentrated Markets 8. (b) Chlorofluorocarbons 9. (b) Market Cost 10. (c) Both (a) and (b) Part Two: 1. Definition: Mineral depletion is the ratio of the value of the stock of mineral resources to the remaining reserve lifetime (capped at 25 years). It covers tin, gold, lead, zinc, iron, copper, nickel, silver, bauxite, and phosphate. At first glance, sustainability and mineral resource development appear to be in conflict. Mining depletes finite resources and in a strict sense, therefore, is inherently unsustainable. For instance, there is only a finite amount of copper in the earth’s crust, and each unit of copper extracted increases the fraction of the total copper resource base that is in use. Thus, it can be argued that if we continue to mine we will eventually exhaust the available supply of minerals. This perspective, however, ignores the dynamics of mineral supplies. In practice the non-renewable character of minerals may be less constraining than it might seem. Five factors make the benefits from mining much more sustainable than they initially appear to be. First, through the process of exploration and development...
Words: 5258 - Pages: 22
...Political Philosophy Revision Notes Brief Definitions Autonomy - A group or individual who has the ability to govern themselves, make decisions and act upon those decisions. Self-Government. Democracy – A government ruled by the people, and consisting of ‘the people’. Direct Democracy – Electors (the people) vote on every Government Issue. Representative – Electors vote in a person to represent ‘the people’. Ideology – A set of rules, morals and political views that governments base their ideals on. Usually includes a view of human nature. Social Contract – The mutual agreement between the people and the government on issues that affect the country and the people within, such as rights and duties. Theocracy – Government, which subscribes to the ideals of religion. Rule by god. Tyranny – Government by one unelected individual who imposes his will upon the population. Note: Some Tyrannies may be elected into power through deception. Eg, Hitler’s German Nazi Party Capitalism – A society in which everybody works for their own gain, and/or financial development. Can lead to massive growth in middle classes. Political Philosophy is aimed at analysing how a society works and how they are governed by a ruling power. It seeks to evaluate the different ethical and political standpoints in different political parties, and analyse how they affect the citizens of the country/state. Some key ideologies include; Conservatism Tradition and custom is more important than change...
Words: 5592 - Pages: 23
...TABLE OF CONTENTS TO CRIM LAW (Levine) I. Overview of CJS A. Theories of Punishment 1. Utilitarian 2. Retributive B. Who should be punished? 1. Excuse (Because of personal condition X I shouldn’t be punished) 2. Justification (I acted in the right way and don’t deserve to be punished) C. Principles that Limit Punishment 1. Legality, Vagueness Lenity II. Components of a Crime A. Actus Reus 1. Conduct 2. Attendant Circumstances 3. Social Harm 4. Causation a. Actual Causation b. Proximate Cause i. Common law: Intervening Cause? ii. MPC: Built into culpability standards 5. Concurrence of Elements B. Mens Rea 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a. Inherently...
Words: 17656 - Pages: 71
...R outledge Revision: Questions & Answers Jurisprudence 2011–2012 Each Routledge Q&A contains approximately 50 questions on topics commonly found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011...
Words: 105136 - Pages: 421
