Why is it necessary to justify the imposition of punishment by the state for crime - Essay Example

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The reason for imposing punishment by the state can be for varying reasons. Firstly, the imposition of punishment can be very closely related to deterrence and thus punishment to a person who commits a crime allows for deterrence for him as well as other people in the society from committing such a crime again…

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Why is it necessary to justify the imposition of punishment by the state for crime

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Type: Essay
Level: Undergraduate
Pages: 1 (250 words)
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Author: eliasgutmann

Extract of sample "Why is it necessary to justify the imposition of punishment by the state for crime"

Why is it necessary to justify the imposition of punishment by the for crime? The reason for imposing punishment by the can be for varying reasons. Firstly, the imposition of punishment can be very closely related to deterrence and thus punishment to a person who commits a crime allows for deterrence for him as well as other people in the society from committing such a crime again. The next reason that can be attributed to imposition of punishment is that of retribution whereby a person who commits a crime is made to compensate by way of the punishment, for the wrongful act that was committed by him.

There have been utilitarian approaches which have been assigned to this, whereby it is weighed that the crime should be weighed in respect of the harm and the utility caused, however, the aim of the state has been to cause people who have committed such acts to be punished for this reason. Therefore the main reason that can be summarized for such punishments are that as made by retributivist claims whereby they state that if a punishment is imposed it can be justified on that grounds that the person who committed the crime deserves such punishment and so the state is correct in imposing such punishments.

On the contrary the approaches of utilitarian differ on the basis that they tend to justify imposition of punishment for crimes on the basis that there is a useful purpose which is served by way of the punishment and this approach is sometime known as "consequentialist," or "instrumentalist". References TEN, C. L. (1991). The scope and weight of reasons for punishment ZAIBERT, L. (2006). Punishment and retribution. Aldershot, England, Ashgate ANDEN?S, J. (1974). Punishment and deterrence. Ann Arbor, University of Michigan Press Amanda Dollak.

Four Common Justifications for Criminal Punishment.2008. Associated Content.http://www.associatedcontent.com/article/1099237/four_common_justifications_for_criminal.html?cat=17

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