StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

TEXTBOOK CJ2012 FAGIN-Which philosophy of punishment do you believe in and why - Essay Example

Cite this document
Summary
The law prescribes punishment for offences based on the moral principle that one who commits a wrong must receive an appropriate penalty for the misdeed. Though penalties seek to exercise certain social as well as control functions, the award of punishment is normally rooted on…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94.8% of users find it useful
TEXTBOOK CJ2012 FAGIN-Which philosophy of punishment do you believe in and why
Read Text Preview

Extract of sample "TEXTBOOK CJ2012 FAGIN-Which philosophy of punishment do you believe in and why"

Law 08 November The Philosophies of Punishment The law prescribes punishment for offences based on the moral principle that one who commits a wrong must receive an appropriate penalty for the misdeed. Though penalties seek to exercise certain social as well as control functions, the award of punishment is normally rooted on the premises such as retribution or vengeance, incapacitation, deterrence, rehabilitation and/or restoration. Retribution theory of punishment believes that the perpetrator of a crime must be awarded a punishment which is “proportionate to the harm” done to the victim (Carlsmith et al. 285). The theory of incapacitation, on the other hand, is founded on the philosophy that criminal circumstances must be negated so that the crime will not occur again while deterrence theory contends that the punishment awarded to an offender should be “sufficient to prevent future instances” of such crimes (285).

Rehabilitation theory attempts to provide the offender a positive environment and creating awareness whereas restoration theory focuses on a restoring process by bringing the stakeholders together, with the offender taking responsibility for the offence and providing restitution to the victim. I believe restoration is the best approach because while refuting the effectiveness of other theories, it strives to bring positive outcomes for both the victim as well as the perpetrator. Punishments should rather address the crime than the criminal, especially in the context that an offender commits a crime not merely based on the faculty of free will.

Several factors, such as biological, psychological and social influences contribute to criminal behavior in people. Therefore, punishments need to be focused on these causative elements rather than on the person who commits a crime. The approaches of vengeance and deterrence are found on the concept of punishing the perpetrator and not on eliminating the tendency to commit crimes. Thus, these may not yield any positive outcomes either for the person who commits the crime or the one who falls prey to it.

Similarly, the philosophy of incapacitation also will not preempt a criminal from committing a crime, when the opportunity ripens. The concept of rehabilitation, focuses on providing positive environment for the criminal, and can be understood as a better approach than the other three. However, it does not guarantee a transformation of the offenders because they may embark on criminal behavior when the environment changes. Besides, it does not take into account the victim in any manner. On the other hand, the restoration philosophy approaches crime with the purpose of eliminating the tendency of offenders to engage in criminal behavior and also attempts to generate in them repentance.

Besides, it also endeavors to integrate the perpetrator and victim into the community system to bring positive outcomes to both. In the modern world, where humans have attained a high level of sophistication, the criminal justice system also must evolve according to the needs of the time. Previous systems of punishments have, to a certain extent, been effective in combating crimes and reducing crime rates. However, the approach of restoration, with its focus on addressing the crimes, will remove future possibilities of the offenders engaging in criminal behaviors.

Works CitedCarlsmith, Kevin M. Darley, John M & Robinson, Paul H. Why Do We Punish? Deterrence and Just Deserts as Motives for Punishment. Journal of Personality and Social Psychology. Vol. 83. No.2. 2002. Web. 9 November 2012.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“TEXTBOOK CJ2012 FAGIN-Which philosophy of punishment do you believe in Essay”, n.d.)
TEXTBOOK CJ2012 FAGIN-Which philosophy of punishment do you believe in Essay. Retrieved from https://studentshare.org/law/1607898-textbook-cj2012-fagin-which-philosophy-of-punishment-do-you-believe-in-and-why
(TEXTBOOK CJ2012 FAGIN-Which Philosophy of Punishment Do You Believe in Essay)
TEXTBOOK CJ2012 FAGIN-Which Philosophy of Punishment Do You Believe in Essay. https://studentshare.org/law/1607898-textbook-cj2012-fagin-which-philosophy-of-punishment-do-you-believe-in-and-why.
“TEXTBOOK CJ2012 FAGIN-Which Philosophy of Punishment Do You Believe in Essay”, n.d. https://studentshare.org/law/1607898-textbook-cj2012-fagin-which-philosophy-of-punishment-do-you-believe-in-and-why.
  • Cited: 0 times

CHECK THESE SAMPLES OF TEXTBOOK CJ2012 FAGIN-Which philosophy of punishment do you believe in and why

The Philosophy of Epicurus

The essay "The philosophy of Epicurus" discusses the Epicurus's thoughts regarding the capability of everyone for seeking wisdom, the happiness to be the ultimate objective of studying philosophy and concerning religion.... why does he suppose this?... But since people popularly believe that gods send blessings and evils to men (though Epicurus assumes these popular beliefs, about gods to have concerns for men, as something wrong) ages after ages, man reasons that they must be immortal and blessed; otherwise, they would not be able to do so....
5 Pages (1250 words) Essay

Philosophy of Punishment

philosophy of punishment Name subject Professor Date philosophy of punishment Abstract The early philosophy for punishment was based on seeking revenge for the crime and ensures social cohesion by implementing such measures in the most subtle manner.... Introduction The concept of punishment is as old as history itself and during the last 50 years efforts have been made to rehabilitate and reform the offenders rather avenge the crime.... However, the concept of punishment as largely arisen from a retributive practice as a form of providing justification for the victim (Alexander 2012)....
3 Pages (750 words) Essay

TEXTBOOK CJ2012 FAGIN-Select 5 of the following

Thus, the concept of general deterrence is based on the premise that the fear of punishment will act as a deterrent for people from committing crimes.... On the other hand, people who contemplate committing a crime also understand that it fetches punishment.... Besides, deterrence also relies on the idea that the punishment awarded to a person who commits a crime discourages others from committing a crime.... Thus, the punishment awarded for the crime is specific to the person who commits the crime....
5 Pages (1250 words) Essay

Islamic Philosophy and Law

As Shi-ites put faith in their divine leaders (Imams) to show them towards the path of religious enlightenment through Islamic law, the majority of Sunnis instead believe that with democratic elections their people might be able to use religious doctrine to the best of their abilities in politics.... Sunnis reason that it is through the already perfected Islamic texts that Muslims will find enlightenment, while Shi-ites conversely believe that the descendents of Muhammad are able to bring deeper insights to the previous texts and offer a better way of life for the future....
4 Pages (1000 words) Essay

Philosophy and Psychiatry

(page 2) Going a step further, Strawson elaborates, “Some optimists about determinism point to the efficacy of the practices of punishment, and of moral condemnation and approval, in regulating behaviour in socially desirable ways.... The pessimists too persist, “you turn towards me first the negative, and then the positive, faces of a freedom which nobody challenges.... But the only reason you have given for the practices of moral condemnation and punishment in cases where this freedom is present....
6 Pages (1500 words) Essay

College textbook price

In his descriptive article, How Students are paying less for College textbook Spors Kelly presented his thoughts on Wall Street Journal in 2005 on how students are paying less for college textbooks.... On the contrary, the article College textbook Prices at Twice the inflation confirms that college textbooks are increasing at a high rate and publishers have largely contributed to the high prices of textbooks.... The aim of this paper is to discuss two articles that disagree with each others and in doing will summarize and compile information of each article with its view on textbook prices....
4 Pages (1000 words) Essay

Textbook Evaluation Justification

As… Fourth grade students need to acquire skills applicable both to classroom-based activities and outside activities so as to make them useful people immediately textbook Evaluation Justification: Harcourt Language Justification for Selection of Harcourt Language TextbookThe Content of the BookThe limited context of the textbook title Language by Beech and Cramer (1989) in dealing with out-of-class activities renders its redundant.... The first textbook limits the fourth grade students to classroom-based activities thus making in inappropriate....
2 Pages (500 words) Assignment

Theology and Philosophy

For… Similarly, Hindu religious faith revolves around karma and concept of rebirth. While philosophers start with discussing about faith, they do not blindly believe in everything.... hile philosophers start with discussing about faith, they do not blindly believe in everything.... ascal's Wager is a better argument as it clearly defines the reason as self-interest of people to believe in god's existence, while ontological argument is based on abstract reasoning only....
2 Pages (500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us