Theories of Punishment and Sentencing - Case Study Example

Theories of Punishment and Sentencing Lecturer: presented: Case Harold Smith, an 8 year old boy, convicted of pick-pocketing Pick-pocketing is one of the crimes in the society that may cause the victims to suffer great shock when they lose their money or documents without awareness. In making the judgment, the gravity of the crime needs to be emphasized. Victims can suffer mentally due to such crimes (Gatrell, 1994). Moreover, the crime is addictive and the boy may never stop it if severe punishment is not applied. He is likely to develop new ways of terrorizing people in the society as he grows up. Many criminals who have been convicted with violent robbery at an older age begin with minor theft and eventually resort to violent crimes that sometimes are accompanied by murder when the victims resist giving away their property easily. Pick-pocketing destroys business when traders lose their wallets and should not be given a chance in the society. Interaction of the boy with others who are law abiding may lead to the spread of the vice amongst juveniles and therefore he should be sentenced to 12 months probation. While in probation, the boy should be denied the privileges that other children enjoy and should be made to feel the denial of freedom. In essence, he should be made to long for the end of his probation term. The boy should also be subjected to corporal punishment while on probation. He should receive regular thrashing with a cane and made to understand the seriousness of the crime he committed. The change in behavior should be evaluated and the boy can be granted a ticket-on-leave in case of positive developments in conduct (Peters, 1995). There are several reasons behind the sentence given to the boy. First, his age might not allow him to make proper judgment regarding petty crimes such as pick-pocketing and therefore severe punishment such as death penalty can not be appropriate. On the other hand, pick-pocketing does not inflict injuries on the victims because they usually do it secretly without weapons. In essence, the boy requires a punishment of an equal magnitude with the crime. Separating him from the normal life is likely to generate a higher level of reasoning regarding his conduct while interacting with other people in future. The boy will learn the consequences of pick-pocketing and once in probation will realize what real freedom means. He will be yearning to complete the probation and get his freedom back and might never wish to lose it again. Probation and corporal punishment were among the sentences that replaced transportation and capital punishment, which were viewed as questionable in regard to deterrence of crime. Some of the criminals who were transported usually found Australia a better place and therefore they could never reform. On the other hand, capital punishment was gruesome and fair punishment was needed for most of the crimes other than murder (Beccaria, 1983). The sentence would have helped in accomplishing the objective of deterrence of crime while promoting good social behavior. On the other hand, the boy will be compelled to make a rational choice especially due to the fact that juveniles dread corporal punishment. Following the evangelical Christians perspective, confining the boy in a probation station would be an appropriate punishment that would ensure that he grows to maturity within a good environment where there would be no opportunity for recidivism. The 12 months period in probation is adequate for the boy to reform while on the other hand it is not too long to make the boy spend a great part of his life in isolation, which may make him anti-social and even more threatening to peace in the society. Living under probation for an extremely long period may lead to the loss of societal values and the likelihood of recidivism so as to get back to the life that he has been used to. Ensuring that he understands why he is under probation is significant in ensuring that the purpose of punishment is understood to prevent future pick-pocketing (Emsley, 1987). Case 2: Mary Jones, a single female aged 21, convicted of stealing money from her employer Mary Jones is a mature person who is likely to have a clear intention to steal from her employer. Her actions are a disgrace to the trust and responsibility bestowed to her by the employer, who requires her services for sustainability of the business while on the other hand Mary requires the employer for her livelihood. Stealing means that the company can not accomplish its goals, and once the business is unable to sustain itself, the employer may incur losses and close down. Mary, her employer and any other person who depended on the business either directly or indirectly will suffer. The misconduct of one person thereby may destroy the livelihoods of many people. On the other hand, Mary may destroy the company’s reputation if she steals money from customers. If businesses could have several such employees, economic development can not be achieved. The lady may also influence other employers to steal especially if they realize that she is not caught or if she goes unpunished. It is therefore necessary for her to be severely punished (Sharpe, 1990). Incarceration is one of the significant forms of punishment for such an offence. She needs to be sentenced to 18 months in a convict prison with had labor as provided by the 1857 Penal Servitude Act. The woman should be enrolled in public work. She should also be relieved of her job and be made to pay an amount twice what she had stolen failure to which the jail sentence should be extended. Her behavior should be observed and when she demonstrates understanding regarding her crime, she should be granted a ticket-of-leave. The lady should be made to understand that she has been isolated from the society because of her misconduct and that she will only be away from the law abiding citizens for no more than18 months. It is important to ensure that a person understands that the probation is a learning break that helps an individual to acquire new knowledge that may help him/her to earn a livelihood in a decent and acceptable way in the society. Severe punishments such as capital punishment may not be appropriate since they might not give the lady a chance to reform from the misconduct. On the other hand, she is too young for transportation. This punishment is appropriate because it is neither too severe nor too lenient. It is equivalent to the magnitude of the crime committed which Beccaria (1983) advocated. The objective to change the woman’s behavior will be accomplished. The utilitarian perspective of pain and pleasure applies in this situation by denying her the pleasure she derives from her freedom. 18 months of probation is a significant period for the woman to reflect on her misconduct that landed her in prison. Rational choice will compel her to be disciplined in the society and to work hard for her survival rather than the risky way of earning money through theft and eventually landing in a problematic situation when caught (Bentham, 1995). The punishment will also serve the purpose to teach the law abiding citizens who are at risk of temptations to steal from their employers, and hence deterrence of theft in the workplace will be accomplished. The sentence is neither too short nor too long and the woman will be longing for the time that she will be free and start life afresh. Case 3: Anarchist, an adult male aged 25 convicted of plotting with others to attack the queen. The man is an adult who has the capacity to reason and make informed judgment. He understands the gravity of treason and its impact on peace in the nation. Attacking the queen is a crime that demonstrates disloyalty to the government and the people who have put it in place. Moreover, such actions may lead to unwarranted deaths and misery to innocent people. Crimes of treason demonstrate the intention of a person to destroy his/her own state. In essence, such a person has lacked meaning of the sovereignty of the nation and given a chance may guide enemies to destroy the people. The fact that the man participated in plotting for an attack means that the outcome was well contemplated and that he was ready to face any eventuality in course of the action. This is a serious crime that needs to be severely punished to serve as a warning to others who might be tempted to commit such heinous crimes. Such people need to be eliminated from the society to enhance security of the public. Under the treason act of 1948, the anarchist should serve a life sentence with parole because of waging a war against the Queen (Brooke & Brandon, 2005). The reason for life imprisonment is that the chances of the person engaging in such a crime are limited. Most likely, the individual who plans the death of another may not change his mind unless his/her objectives are accomplished. Even though treason is regarded as one of the crimes punishable by death penalty, the actual crime had not been committed and therefore the gravity of the offence does not warrant capital punishment. Moreover, the death penalty was losing popularity during this period and reflections on its abolishment were rife across many circles and efforts were aimed at reforming the criminal justice system in England since the 1790s (Block & Hostettler, 1997). The social distance between the convict and the public will be significant in protecting the public from harm or unwarranted ideologies being spread by the anarchist to the public, which may lead to a rebellion and mayhem in the nation. The provision for parole is significant in giving the prisoner a second option of reforming and adopting a new way of life. Life imprisonment is significant in accomplishing the objective of deterrence of crime. The criminal will completely be separated from the society and can only get back his freedom on parole, which will take many years. This serves as a significant warning for the revolutionaries who might be planning to resist the popular laws of the state. The evangelical Christians theory postulate that such a criminal is likely to reform based on his reasoning concerning the actions that led him to serve such a severe sentence. Behavioral changes are expected and the prisoner may reform and never engage in crime again. The prisoner begins to make rational decisions, making comparisons of the uncertainty in his life while serving the sentence with the life before imprisonment. In essence, many prisoners are remorseful about their unwarranted actions. On the other hand, the utilitarian theory provides a basis for making the assumption that the prisoner will reform if guaranteed parole. In essence, he will prefer regaining his freedom and pleasure and never to be imprisoned again (Blomberg & Cohen, 2003). References Beccaria, C. 1983. An Essay on Crimes and Punishments, Brookline Village, Branden Press Bentham J. 1995. The Panopticon Writings, London: Verso. Berlin Block, B.P. & Hostettler, J. 1997. Hanging in the Balance: A History of the Abolition of Capital Punishment in Britain, Winchester, England: Waterside Press Blomberg, T. G. & Cohen, S. 2003. Punishment and Social Control, Hawthorne, NY: Aldine de Gruyter Brooke, A. & Brandon, D. 2005. Tyburn: London’s Fatal Tree, the History Press Ltd Emsley, C., 1987. Crime and Society in England, 1750 - 1900, London: Longman Gatrell, V. A. C. 1994. The Hanging Tree: Execution and the English People 1770-1868, Oxford: Oxford University Press Peters, E. M. 1995. “Prison before the Prison: The Ancient and Medieval Worlds.” The Oxford History of the Prison: The Practice of Punishment in Western Society, New York: Oxford University Press, pp. 3-48 Sharpe, J. A., 1990. Judicial Punishment in England, London: Farber & Farber Ltd. Publishers Read More