Explain the moral justification for punishment. It is the justification of particular infliction of pain (or punishment) that can be enquired of. Deterrence prevents future crime by frightening the defendant or the public.The two types of deterrence are specific and general deterrence.Specific deterrence applies to an individual defendant.When the government punishes an individual defendant, he or she is theoretically less likely to commit another crime because of fear of another similar or worse punishment. What are the 5 punishment rationales? I want to discuss philosophically, to glance at the logic of, the parts of this expression "the justification of punishment" and then to draw from this discussion one or two morals for discussions of the justification of punishment. Hart, Punishment & Responsibility . The logic of this theory is that if the imposition of criminal punishment deters people from committing crimes then the general public can enjoy a greater sense of safety and security. PUNISHMENT PUNISHMENT its point is to inflict discomfort on the recipient involves the intentional infliction of pain and/or the deprivation of rights and liberties. justification of punishment. The dominant justifications for punishment are provided by the retributive Utilitarian theory. However, Hegel's work is hampered by his insistence that punishment is the criminal's right. Title: Justification for Punishing Criminals: Incapacitation. Specific and General Deterrence. However, the moral justification for punishment is a separate issue involves the deliberate infliction of suffering on a supposed or actual offender for an offense such as a moral or legal transgression Justifications for punishment typically take FIVE FORMS: (1) retributive (2 . As a man can legitimately ask for justification of a particular law of a state. I shall argue that this understanding gets Kant wrong. The most recently formulated theory of punishment is that of rehabilitation—the idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community. One of the oldest and most basic justifications for punishment involves the principles of revenge and retribution. This kind of a problem, 3 2000, Page 331-332 4 H.L.A. In Central to retributive theory are the notions of merit and desert. (2) Punishment should be proportionate to the crime. It is the justification of particular infliction of pain (or punishment) that can be enquired of. Researchers can access this thesis by asking their local university, institution or public library to make a request on their behalf. Respond to the following in a minimum of 175 words: Corrections is an entity of the criminal justice system that is expansive and creates ethical questions. arson (to an extent), vandalism, burglary, theft, shoplifting. Regarding the justification for punishment and the aims of sentencing, one strategy, although neither truly a mix nor a true theory, is eclecticism. Restitution and compensation to victims, their families or communities, should therefore be a key objective of criminal justice. As suggested, none of the versios of the deter- rence theory I have outlined, by themselves, commit one to any view at all concerning what ratio o f innocent punished to guilty set free is acceptable. One of today's leading retributivists himself does not think "retribution" is a helpful term: Andrew von Hirsch notes that the O.E.D.definition of "retribution" as "return of evil" and the declaration in the 1972 Model Sentencing Act that "sentencing should . Rehabilitation ("a rehabilitation theory of punishment holds that punishment should aim at the reformation of offenders and assist their transition from criminal to law abiding citizen") Michael Philips - 1986 - Law and Philosophy 5 (3):393 - 416. The utilitarian nature is perhaps the most credible justification of punishment since it is not bounded by individual feelings or emotions, but rather by a cluster of feelings and emotions. There are a number of standard theories of legitimized punishment purporting to give a moral justification of legal punishment . utilitarian grounds it may theoretically be just to 'punish' the innocept. There are many moral questions with the utilitarian approach or justification of punishment. Incapacitation in criminal justice refers to the method of restricting the freedom of individuals who have committed crimes. Retribution is the first of the four . The justification of punishment. Learn about the definition, theory, historical use, application, and . Recent scholarship on punishment has increasingly acknowledged that the justification of punishment depends on the justification of the criminal law more generally, and indeed the legitimacy of the state itself (see s. 2 above). The commonly cited purposes of sentencing are retribution, deterrence, rehabilitation, incapacitation, denunciation, and in more recent times, restoration. Retributivism, by contrast, holds that punishment is an . However, the use of punishment requires a degree of justification for deliberately imposing suffering on certain members of society. rationale, justification, and nature of punish-ment. Our society uses these four forms of punishment attempting to lower crime rates. . There are two predominant types of justifications, the Utilitarian and the Retributive. This theory justifying punishment, however, implies the existence of a free and equal social order where persons have the opportunity to better themselves through law-abiding behavior. What are the four types of punishment? What are the five 5 rationales or justifications for criminal punishment? Bentham's thinking on punishment, and the panopticon project, which emphasised such concepts so implacably, must be seen simply as one amongst many suggested forms of complex punishment.6 It can be argued that Bentham's penal writings provide a substantial, comprehensive and sophisticated justification for the infliction of legal punishment. - Related Questions What are the 7 types of crime? In the final part, an argument is offered for a . General deterrence justifies the imposition of punishment to deter other potential offenders. This is because of the act of defiance, the individuals & relinquishes his right to autonomy, thereby, making herself vulnerable to state punishment. It is the justification of particular infliction of pain (or punishment) that can be enquired of. "The Justification of Punishment" - Volume 29 Issue 111. page 305 note 1 Perhaps we should emphasize here that, of course, Mill (though not Bentham) was very insistent indeed about the great importance of "secondary principles", and the proposed reform did not consist in or include anything so monstrous as the suggestion that we should "endeavour to test each individual action . Utilitarians attempt to justify punishment in terms of the balance of good over evil produced and thus focus our attention on extrinsic or consequentialist considerations. 1) Punishment must involve pain or unpleasant consequences. As a man can legitimately ask for justification of a particular law of a state. His argument against incapacitation as a means of preventing crime is convincing. This chapter discusses different types of punishment in the context of criminal law. maintain that criminal guilt is the only justification to use or inflict state punishment to an individual. Theories of Punishment 1 Deterrent Theory. Th e four (4) theories that justify punishment are: Deterrence Rehabilitation Incapacitation. It is argued that these theories cannot give an adequate account of punishment. Philosophy 29 (111):291 - 307 ( 1954 ) Abstract. 3) Punishment must be executed upon the specific offender who has allegedly or actually committed the crime. Our society uses these four forms of punishment attempting to lower crime rates. Retribution is the first of the four . It points out the strengths of incapacitation and why this philosophy serves our society better than deterrence. His argument against incapacitation as a means of preventing crime is convincing. In reference to statistical facts he showed prison does not prevent crime, maybe to the outside world but in actuality crime if the same offence, rape, is higher in prison. The idea that punishment requires some sort of justification is because it is seen to involve some of infliction of suffering or pain (Bentham, 1789, p 45) and as a result can only truly be justified if its consequences are deemed to be beneficial (Bentham, 1789, p 45). The practice of punishment is necessary for the maintenance of this social cohesion. The justification of reparation in criminal justice is based on the idea that crimes should be corrected by requiring that offenders make amends to victims to repair the wrong that they have done. A liberal justification of punishment would proceed by showing that society needs the threat and the practice of punishment, because the goal of social . The Justification of Punishment and the Justification of Political Authority. Punishment involves the deliberate infliction of suffering on a supposed or actual offender for an offense such as a moral or legal transgression. 4) It must be administered intentionally by someone other than the offender. It is summed up in the principle that the punishment should . An interest in social or legal reform has sometimes prompted philosophical speculation about punishment-in particular, speculation about the "justification" of punishment. However, nobody enquires of the justification of legal system or of law in general. Retributive Justifications of Legal Punishment. For instance, in cases where the sentencing judge has confidence in achieving prevention through deterrence or rehabilitation he chooses a utilitarian mode of reasoning. But partly also for more practical reasons. D. D. Punishment in its very conception is now acknowledged to be an inherently retributive practice, whatever may be the further role of retribution as a (or the) justification or goal of punishment. Justifications for punishment include retribution, deterrence, rehabilitation, and incapacitation. This purpose of punishment, Hampton maintains, is not peculiar to state punishment, but can be seen in other contexts, such as parental discipline. There are, famously, two classical justifications of punishment. It is initially based on revenge. Additional Details Publication Format Retribution is the most ancient justification for punishment. Philosophy, 29, 293-294. ABSTRACT: Both utilitarians and the deontologists are of the opinion that punishment is justifiable, but according to the utilitarian moral thinkers, punishment can be justified solely by its consequences, while the deontologists believe that punishment is justifiable purely on retributive ground. 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