...Is the Retribution Worth the Risks? Ever since the 1960’s, capital punishment has been a term filled with lots confusion and emotion. Over the years, the penalty has been abolished, then reinstated, and then abolished again in countries all over the world. However, the question remains: Is capital punishment still a fair and logical means of justice? According to Donna Lyons, who wrote an article for the State Legislatures, she claims that “7 out of 10 people are in support of the death penalty” (Lyons). Recently, the process that leads to execution has greatly changed, and it has become quite difficult for a murderer to actually be put to death. Prisoners spend a long while on death row awaiting their fate, but it often occurs that the court system interrupts the process. Many factors can contribute to this. The Eighth Amendment to the Constitution is often the leading cause in a jury’s decision to revoke a death sentence. They argue that capital punishment “violate[s] the Eighth Amendment’s prohibition against cruel and unusual punishment” (Williams). Many years ago, US states would prohibit the use of the death penalty for this exact reason. They claimed that it is not right to punish a murderer with murder. How does this justify the reason this person is on death row in the first place? Other states would abolish this law because of cost. P.W. Keve, a corrections administrator explains that the “cost of keeping one person in prison is calculated at a current average...
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...rationals in operation when offenders were sentenced. The four are incapacitation, retribution, rehabilitation, and deterrence. In the past ten years, restorative justice has been added. Incapacitation, retribution, rehabilitation, and deterrence all share the same goal for correction, but the process is different. Incapacitation has the effect of protecting society from the individual. Incapacitation is the most straightforward justification for punishment, particularly for...
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...In the Inferno, Dante continuously illustrates the law of retribution or the principal that one’s reparations should be adjusted to the severity of their crimes or actions. Because the Inferno is an allegory where Hell is made up of various concentric circles, Dante depends on symbolic retribution to develop and define his setting, characters, and plot. Each circle of Hell has sinners within them where each sinner is punishing, and their punishment is characteristic of the most severe sin. The spirit of Roman poet Virgil guides Dante on his decent through Hell where it becomes clear that the deeper they venture the more daunting their environment becomes; as Limbo turns to the Treacherous the retribution intensifies. Dante portrays Limbo on...
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...In the Inferno, Dante continuously illustrates the law of retribution or the principle that one’s reparations should be adjusted to the severity of their crimes or actions. Because the Inferno is an allegory where Hell is made up of various concentric circles, Dante depends on symbolic retribution to develop and define his setting, characters, and plot. Each circle of Hell has sinners within them where each sinner is punishing, and their punishment is characteristic of their most severe sin. The spirit of the Roman poet Virgil guides Dante on his decent through Hell where it becomes clear that the deeper they venture, the more daunting their environment becomes. The theme of the law of retribution in Inferno is constantly reinforced with many examples throughout Hell; as Limbo turns to the Treacherous the retribution intensifies. Dante portrays Limbo on the upper edge of hell. Conceptually, this circle is reserved for those who lacked the opportunity to choose between good or evil in terms of having faith in Christ (Dante 4.34-35). These sinners are largely unbaptized, those who lived before the birth of Jesus Christ, and moral pagans (Dante 4.63). In accordance to the law of retribution, the occupants of this circle are not severely punished because their sins are not particularly violent. While they are not suffering for their...
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...The Law of Retribution in Inferno describes the relationship between the sins a person commits and its consequences in the after-life. The law states that sinners would suffer a punishment to a degree matching the sin’s nature. So, if someone committed a very horrible sin, then his or her punishment would be very brutal. The phrase, “an eye of an eye,” can be used to describe the law. An example of this phrase is if a person causes the death of another person’s child, then that person’s child would also be put to death. In inferno, there are many unique examples that demonstrate the Law of Retribution. Dante first approached a ditch and saw the Panderers and the Seducers running constantly from one side to the other in cant XVIII. Panderers are also known as pimps and Seducers are people who used others for their own purpose. They moved woman as merchandise from one buyer to the next. In retribution for the sin, demons whipped them and they ran from one demon’s whips to another’s. Dante meets one sinner from Bologna and admits to Dante that he sold his own sister to a noble. In the next ditch, there were the Flatterers. They were immersed in filth and sewage, like what happened in real life with their false flattery towards other people....
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...Throughout Inferno of The Divine Comedy by Dante Alighieri, the law of retribution plays a major role. The law of retribution is especially relevant in Canto V, Canto XII and Canto XIII. In these sections of the text Dante discovers that the sins one committed directly correlate with their punishment in Hell. This law of retribution is closely followed in order to make the sinners suffer and to serve as a constant reminder of what they have done. Canto V depicts the sinners of lust. These sinners gave into their sexual desires and because they did not repent, they are forced to float in a violent storm for eternity. “The windblast out of Hell, forever restless, thrusts the spirits onward with its force, swirling and mauling and harassing...
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...LS 490-01 Assignment The death Penalty Debate: Retribution Follow Below Link to Download Tutorial https://homeworklance.com/downloads/ls-490-01-assignment-death-penalty-debate-retribution/ For More Information Visit Our Website ( https://homeworklance.com/ ) Email us At: Support@homeworklance.com or lancehomework@gmail.com In this assignment, imagine that your state legislature is considering repealing its death penalty and the legislators wish to hear the opinions of the top legal philosophers on both sides of the death penalty debate – imagine yourself as a modern day Jeremy Bentham and present three utilitarian arguments against the death penalty and therefore in favor of its repeal. Then, step into the shoes of a modern day Immanuel Kant and present to the legislature three retributivist arguments in favor of the death penalty and therefore, in opposition to its repeal. For each side of the debate, present each argument in detail, using headings and subheadings to keep your paper well-organized so that it will serve as a useful resource for your state legislators to be able to clearly grasp the key arguments on both sides. Include at least two examples to illustrate the arguments on each side. In addition, the state legislators would like to hear your assessment of which theory of punishment, utilitarian or retributivist, you find most persuasive. Compare the persuasiveness of the two theories and provide a recommendation of which theory the legislators should...
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...Which is the most appropriate justification for punishment – deterrence, retribution, rehabilitation or incapacitation? Give reasons for your answer. In this essay the following methods of punishment; deterrence, retribution, rehabilitation and incapacitation will be critically evaluated with example to reference, thus the most appropriate method in collaboration with the justice system for the UK can be selected. There has been much debate with regards to the meaning and purpose let alone the most efficient method of punishment for many years. For the purpose of this essay punishment can be defined as ‘social artefact’ Garland (1990). Punishment such as prison and ASBOs tell us a lot about society such as who has broken the law and who is legit and trustable, nevertheless dose this in reality justify why punishment exists and conducted in a social environment? As stated by Durkheim punishment has a diverse effect on each person certain people react in a positive manner and others in a negative. However he left us to question from all the different strategies at the core of punishment which one actually works in different places or at different times, do societies use different kinds of penal strategy? Why did punishment such as ducking stools and stocks go out of fashion? Why have so many industrial democracies given up on capital punishment? Why has imprisonment become such an important form of punishment” Hudson, J (2003). Capital punishment can be defined as...
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...Retribution: Should the death penalty be used for retribution? Retribution in the criminal justice system refers to the idea that offenders should be punished for committing crimes when they freely violate existing social rules. Retribution would not support punishing someone who does no exercise free will or was forced to commit a crime, i.e., a gunman compiles a victim to steal money. One example of retribution involves the notion of an eye, which demonstrates that punishment of services crimes is justified when deserved. The team focused on capital punishment in India and whether retribution is utilized in the justice system. Although capital punishment is legal in India, it is rarely carried out. Supporters of the death penalty have argued that the death penalty is morally justified when it is applied in murder especially when there is aggravation, such as multiple homicides, child murder, torture murder and mass killing such as terrorism. The Supreme Court of India ruled in 1983 that the death penalty should be imposed only in “the rarest of rare cases”. The judgment then goes on to say that the “rarest of the rare” must be measured not only in qualitative but also in quantitative term. Basically if the crime fits the punishment than retribution should be utilized and capital punishment would be adhered to. Although it has been stated that capital punishment has been rarely used, history in India reports that between 1975 and 1991, 40 people...
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...punishments include retribution, rehabilitation, deterrence, and social protection. Although most cases are bargained down from the maximum sentence for the crime,there is still justified punishment in one way or another.Retribution has been around since the beginning of time. It says that the punishmentshould be equal to the severity of the crime. The offender is supposed to suffer as much as thecrime has caused the suffering. It is thought that that the victim is owed something by theoffender to make up for their crime. In today¶s society, a person is punished for their crimethrough serving time in jail, not necessarily paying the victim back. In the Buffalo Criminal LawReview, the author questions the idea of imprisonment as a form of retribution by questioninghow we ³determine the length of time he should be incarcerated by invoking the idea of retribution´ (Rubin, 2004). The idea behind the current system uses different lengths of jail sentences based upon the severity of the crime to punish the criminal. While this can be may be effective form of punishment, but it does not follow the idea of retribution. However, there is one scenario where retribution is used for the victim. In civil lawsuits,the perpetrator must pay the victim back in a monetary form to try to make up for whatever damages where caused. This is a form of retribution to benefit the victim. However, if thecriminal is not able to pay the money back, the victim will not receive in retribution for thecrime. Often...
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...to American society there are four types of punishment. These types of punishment are retribution, deterrence, rehabilitation and societal protection. Punishment in its concept is favorably perceived as a retributive practice. Our society uses these four forms of punishment attempting to lower crime rates in our society. Some of these types of punishments could be considered harder than others however each one has its own distinction. Retribution according to the dictionary is the act of punishing or taking vengeance for wrongdoing, sin, or injury. I think that the phrase “an eye for an eye” and “a tooth for a tooth” is a very good definition of how retribution depicts peoples need for justice in our American society. When people have gone through an experience of crime or pain, they want some sort of closure or retribution to satisfy their morality. An example of retribution is in our courts system when murders get convicted and sentenced to one life behind bars for every life that was taken. People who believe in retribution believe that there is no rehabilitation or any help to change the criminal just that the criminal must serve the time sentenced. As stated by Gerard V. Bradley (2003) the adoption of retribution as the philosophical basis for punishment therefore provides a powerful, multi-faceted justification for beyond that proffered by the alternatives. Retribution certainly includes elements of deterrence, incapacitation, and rehabilitation, but it also...
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...Sentencing CRJ 301 Juvenile Justice Timothy Koester September 20, 2010 Criminal Sentencing Over the years, there has been great debate over the purpose of sentencing criminals, but it generally all boils down to the importance of deterrence, incapacitation, rehabilitation, and retribution. All four plays an important role in sentencing, and each vary on a case-by-case basis. As far as the purpose of criminal sentencing goes, it is imperative that all courts are on the same page and strive to achieve the same outcome. Due to the ever-changing society we live in, there has always been controversy as to what the right objective was for the criminal when it comes to punishment. For long time rehabilitation was the focus in criminal sentencing, but that proved to fail due to the increase of recidivism. Now it seems that the main focus of criminal sentencing is incapacitation, which hopefully leads to deterrence, rehabilitation, or retribution. It is clear that information on the outcomes of sentences and their cost must play a crucial role in deciding the relative importance of deterrence, incapacitation, rehabilitation, and retribution (Justice). When the criminal court system focuses on incapacitation for the offender, it does so for many reasons. There are many that feel future crime can be prevented if the criminal is locked up and physically restrained. One aspect of this is the approach to lock them up and throw away the key. I do...
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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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...difficulties come more problems. What you put into life is what you get out. As the famous Isaac Newton once quoted “For every reaction there is an equal and opposite reaction.” For this very reason correctional theories were created. These theories are based on two common principles within the corrections; system-punishment and rehabilitation. The criminal justice system’s idea of justice, punishment and correction is made up of a combination of strenuous, criticizing, and practical theories. Retribution The most common traditional rationale for correction and punishment in the U.S. is retribution (Seter, 2011). What is retribution? What does retribution have to do with the criminal justice system and the correctional theories that are prevalent in the system? Retribution is the dispensing...
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...criminal behavior. Several centuries ago, criminal behavior was once thought to sin guided by the devil or evil spirits, and most often was punished by hanging, beheading, or burning the offender. Then, around the time of the American and French revolutions offenders began to be seen more as highly rational beings who intentionally chose their own courses of action (Schmalleger, 2012). Contemporary sentencing stems mainly from the Classical School theory. This theory stated that criminality, rather than being caused by evil or some higher beings, was actually the result of the bad choices people make of their own free will. The other competing theories of corrections besides the Classical School, prevalent in today’s prison system are retribution, deterrence, restorative justice, and rehabilitation. According to the Classical School theory, the punishment should fit the crime equally. Meaning, that the punishment a person is given should equally fit the seriousness of the crime committed, and not be more extreme such as hanging or burning someone. Someone who steals should not be burned at the stake, because the punishment does not fit the seriousness of the crime. The need for punishment is still there, but it is just applied more rationally....
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