Download file to see previous pages...
The function served by imprisonment varies according to the form of imprisonment and several forms of imprisonments have been developed overtime In the 21st century the focus on of the criminal justice system has experienced change as compared to its focused during the past centuries in the context of punishment and imprisonment. The main functions of imprisonment and punishments are retribution, incapacitation, deterrence, rehabilitation as well as restoration (Miethe 15).
Over the years the philosophies of punishment and imprisonment has experienced immense change and one of the earliest philosophies of punishment was retribution. The term retribution is based on the concept of revenge or in other words the philosophy of retribution states that an individual should as severely punished as compared to the severity of the crime he/she has committed (Miethe 16). This philosophy of punishment was very popular during the era of 19th century and was used as a basis of imprisoning those who have indulged in deviant acts. Basing sentencing period on the concept of retribution criminals who had committed severe crimes were sentenced to a longer period of time and the treatment they received during their sentence used to be quite harsh. Later other elements were even taken into consideration while sentencing an individual on the basis of retributive justice. These elements included the mental capacity of the criminal and those who were mentally incapable and involved in criminal activities were sentenced for a shorter period of time.
A second philosophy of crime is called incapacitation and this philosophy follows that individuals who have indulged in criminal activity should be physically restricted from committing crimes in future (Franklin 16). The idea behind incapacitation is that individuals should be kept in such difficult conditions or their physical ability should be constrained in such a manner that in
...Download file to see next pagesRead More
" needs to be answered. While the abolitionists oppose capital punishments on moral and human rights grounds, the proponents of capital punishments hold that there should be retributive justice in the nation. There are also researchers who hold that capital punishments act as the strongest deterrents that stand as warning boards to dreaded criminals.
However, a thorough look into the factual information proves that capital punishment is an inescapable inevitability to protect the lives of citizens Fagan argues in the article ‘Death penalty focus shifts to costs’ that the death penalty causes economic burden to the public.
Similarly, there are many social scientists, theologians and legal experts who hold that capital punishment is morally wrong and therefore it should either be abolished or replaced with more humane criminal penalties. However, the growing rates of homicides and serious offences prompt one to think in favor of death penalty.
Capital punishment, also known as the death penalty, is the sentence passed in a court of law where the life of a person found guilty of a heinous crime would be legally pre-terminated by the State at a certain point in time. Whether capital punishment should be upheld or abolished has been one of the most contentious issues in the justice system, not only in America but all over the world.On one side of the controversy are those who support it because they find the death penalty a just and effective punishment that has deterred and would continue to discourage people from committing heinous crimes (Tucker, 2003).
The balance of punishment and welfare methods within the warnings and reprimands system is an ever adjusting scale of offering support, assistance, education and assuming that this will bring about more commitment to social values and norms, versus controlling and punishing, while still safeguarding elementary legal rights and common sense involving youth.
The author discusses the theory of anomie by Emile Durkheim and his views on punishment and its functional role. In the end the paper compares the views of both these great thinkers and presents the conclusion. The purpose of punishment is to give justice to the victim and to discourage other people from following the same action.
When a criminal commits a heinous act like murder, either it is the reaction to some previous action, or he initiates a new action. The intensity of his feelings, the level of its revengefulness is not the same, at the time
pter one the report explains the aim of the study and goes further to authenticate the information used by stating the bodies that authorized search of the information used. In addition, this chapter indentifies the sources used by the researchers and explains the period within
Inflicting physical pain in full view of public was considered the best form of deterrent punishment in the 18th century England. Confinement as a form of punishment was not very popular. “English courts typically imposed fines or resorted to public and
8 Pages(2000 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Concepts of Punishment and Imprisonment for FREE!