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Compare And Contrast The Four Perspectives Of The Criminal Justice System

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The criminal justice system has four perspectives: retribution, incapacitation, deterrence and rehabilitation. These four perspectives have distinct policies and objectives with varying rules and regulations.
The first perspective is Retribution. Retribution is the idea that a criminal should get a punishment that is equal to the seriousness of the offense they committed (Bedau, 1978). Retaliation aims to punish perpetrators and deter them from repeating similar actions in the future. It is the conviction that, once a crime has been committed, retribution is required to restore justice to the world. The perpetrator is held accountable for their conduct and is required to pay a fine in proportion to the damage they created. The death penalty, three-strikes statutes, and mandatory minimum sentences are examples of laws that favor retribution. The …show more content…

Incapacitation includes expelling criminals from society in order to stop them from committing new offenses. This viewpoint seeks to safeguard society against hazardous people. Policies that favor incapacitation include life without parole, extended jail terms, and the need of incarceration for specific offenses. Deterrence is a subsequent perspective. By making potential criminals fearful of punishment, deterrence aims to stop crime. According to this perspective, people will be less likely to commit a crime if they are aware that there would be serious consequences. Laws requiring mandatory sentences, and the use of the death penalty are all examples of policies that encourage deterrence. Lastly there is rehabilitation. The notion behind rehabilitation is that criminals may alter their conduct and turn into citizens who follow the law. This point of view places a strong emphasis on education, job training, and mental health care to

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The deterrence theory suggests that “the severity of criminal sanctions dissuades other potential offenders from committing crimes out of fear of punishment. ”4 That is applicable to the individuals that are punished and to people in the community. Nevertheless, prison’s effectiveness is often questioned as an effective deterrent to crime. Studies have shown that longer sentences have a small effect on whether offenders commit crimes or not, and the National Academy of Sciences determined that “insufficient evidence exists to justify predicating policy choices on the general assumption that harsher punishments yield measurable deterrent effects.

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663 Words | 3 Pages

As we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings.

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443 Words | 2 Pages

Deterrence is future oriented to prevent crimes. Deterrence has two types general and specific. General is an individual punishment to dissuade others from committing crimes and specific is an individual being punished for additional

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523 Words | 3 Pages

“Hard Time” is a great visualization of American Prisons system. Furthermore, the documentary included important aspects that affect the overall prions goals, such as stigma and recidivism. However, are all four goals met in American prisons? Retribution meaning being punished for crimes against society's norms and values.

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2947 Words | 12 Pages

Some of the different strategies that Public Services use to prevent crime are Incapacitation, rehabilitation, deterrence, transcarceration and retribution. Incapacitation is the response used when a person has committed a crime. By incapacitating the convict and putting them in prison, it prevents the individual from committing future crimes because they are removed from society and locked up or restrained. I think prisons are effective because it protects society from dangerous and violent criminals and also it isolates those who deserve such a punishment from their family and friends (retribution). Prison stops offenders re-offending as they are locked away and acts as a deterrent to people on the outside.

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691 Words | 3 Pages

Incapacitation refers to removing an offender’s capacity to commit further criminal offences (Carison et al). Incapacitation focuses on two approaches, selective and collective. Selective incapacitation is reserved for repeat offenders. It has emerged from the ideal that the overall crime rate would be reduced if chronic

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1485 Words | 6 Pages

The retribution part is to punish the person for the crime that they permitted against society, and the incapacitation part is to remove that person out of society so they do no further harm. Deterrence means the prevention of future crime, and the rehabilitation teaches life skills and in the betterment. However, author Sandiford says that instead of solving crime, mass incarceration has infected our communities and striking them with devastating symptoms, and prison costs have skyrocketed, inmates ' families have been torn apart, and the system is overwhelmingly stratified by race and class (Sandiford,

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1479 Words | 6 Pages

Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).

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There are six basic elements of each perspective on justice. There is the crime control perspective, which stresses the control of menacing offenders and the protection of society, and calls for severe punishments. The rehabilitation perspective focuses on assisting and caring for people who are unable to manage themselves. Another perspective is the due process perspective, which provides the basic rights of a defendant and meets requirements needed for a fair trial. There is also the nonintervention perspective, which focuses on the least intrusive treatment possible.

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1678 Words | 7 Pages

However, crimes are committed whilst in prison, such as drugs and assaults. Some critics say the ‘three strikes and you are out’ law where repeat offenders get a longer sentence are wrong, as the third strike could be a lesser crime such as public disorder. Nevertheless, if just incapacitation and no rehabilitation some critics say will be costlier to society as they will go out and reoffend and, they are not employed and pay taxes. Rehabilitation is also a punishment which should improve the offender's behaviour and stop them committing crimes. Advocates of rehabilitation state prison does not work; however, critics of rehabilitation state prison does work as the criminal cannot commit a crime against the public while incarcerated (Cavadino, 2007 p 36/56).

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155 Words | 1 Pages

The main purpose for our criminal justice system should be to stop future crime. General deterrence would be a good way to set an example to communities who disobey the law. Allowing bystanders to see the punishments of crime will instill fear into them, causing them not to repeat the crime they witness. Specific deterrence allows for criminals to still be in society, but every time they think about doing something illegal they will have a negative feeling. These method focusses on educative function allowing people to learn from their mistakes and preventing further complications.

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265 Words | 2 Pages

In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.

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721 Words | 3 Pages

There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.

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There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.

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There are two main theories which advocate punishment for the sake of punishment, and place their emphasis on the purpose of prisons as deterrence rather than

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