Deterrence As The Purpose Of Punishment Analysis
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The Classical School sees deterrence as the purpose of punishment. The exercise of free will is described as the result of crimes occurring and also that moral wrongdoing is fed by personal choice. Beccaria believed that the purpose of punishment should be deterrence rather than retribution. He also emphasized the need for adjudication and punishment to be swift and for punishment, once determined to be certain. Jeremy Bentham is known for developing utilitarianism, or hedonistic calculus. The idea that pain of punishment must outweigh the pleasure derived from the crime was something he emphasized. My personal thoughts are that in today’s society the two key thinker’s ideas would not cause deterrence. I view it the same way as I do
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In the first scenario where Sam Smith committed a robbery in possession of a firearm, the type of sentencing model I would use is a determinate sentence. I think determinate sentencing would be ideal because Sam did accept his responsibility, had no previous criminal record, and no one was injured. He would receive a fixed sentence term for his actions and if he were to have good conduct in jail then he would qualify for an early release based on conduct. The actual sentence I would impose would abide by the Florida minimum mandatory law because of the firearm he was in possession of.
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“The penalty of death differs from all other forms of criminal punishment, not in degree but in kind. It is unique in its rejection of rehabilitation of the convict as a basic purpose of criminal justice. And it is unique, finally, in its absolute renunciation of all that is embodied in our concept of humanity.” (Potter
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This is what makes us different from “the brute creation.” I disagree with this, because punishments are needed for people who do wrong things. Punishment, while a form of pain, shows other people the consequence of doing something wrong. In the next point that Bentham makes, he also says this is not a reason to be lenient to wrong doers.
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Death Penalty is a very ominous punishment to discuss. It is probably the most controversial and feared form of punishment in the United States. Many are unaware, but 31 of the 52 states have the Death penalty passes as an acceptable punishment. In the following essay, I will agree and support Stephen Nathanson's statement that "Equality retributivism cannot justify the death penalty. " In the reading, "An Eye for an Eye?", Nathanson gives objections to why equality retributivism is morally acceptable for the death penalty to be legal.
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I will go in depth on the concept and creation of the deterrence theory before applying it to Ted Bundy, one of the most prominent serial killers that America has ever seen. Due to Bundy’s supposed change of heart in his last few days, I will primarily be focusing on his final interview, performed by Dr. Dobson on January 23rd, 1989, one day before his execution.
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To begin, “congress fell in love with mandatory minimums requiring anyone convicted of a given offense to receive a minimum penalty prescribed by legislation (Bazelon, 2).” For instance, if a person shoots someone in the leg, they are charged as if they killed that person. Oftentimes the minorities get more time than the whites. On the other hand, Alberto Gonzales reports that the mandatory minimum sentencing ensure tough and fair sentences for offenders and has nothing to do with race. People with too much power don’t know the differences between tough punishment and unfair punishment.
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Deterrence and the Death Penalty: The Views of the Experts. The Journal of Criminal Law and Criminology (1973-), 87(1), 1. doi:10.2307/1143970 This article was written by Michael L. Radelet and Ronald L. Akers. They both consulted experts on criminology and criminal behaviour to evaluate the effectiveness of the Death Penalty.
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Titus Andronicus by William Shakespeare has often been defined by it’s over excessive displays of violence, mutilation, and death. Throughout the years since this play’s inception, the play has lauded and scrutinized for the frighteningly determined convictions behind the minds of the Titus Andronicus’s brutal and gory story arc. Even today, it is doubtful that many people can recall a piece that so accurately depicts the butchering of the human form better than this work by Shakespeare. Thus, it is of utmost importance in this work to learn the psychoanalytic perspective with which the main characters -- especially the title character, Titus Andronicus -- view and carry out their actions. It is curious to examine the motives of the man who
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“We, the People, recognize that we have responsibilities as well as rights; that our destinies are bound together; that a freedom which only asks what's in it for me, a freedom without a commitment to others, a freedom without love or charity or duty or patriotism, is unworthy of our founding ideals, and those who died in their defense” (Barack Obama). With the newly elected president, the United States is changing in many different ways. A major fact about the United States is that the laws are not being carried out properly. Laws are being broken in many different ways all around the world. The Government is abusing their power and taking advantage of the people.
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Moreover, Beccaria states that punishments are atrocious, and their public and solemn cruelty can only be reduced by enhancing their usefulness and consistency with the law (Baruchello, 2004). On the other hand, modern philosophers claim that cruelty can be opposed through conservatism, instead of liberalism. For instance, Kekes is convicted that liberalism can cause cruelty. Modern philosophers argue that punishment is essential to the flourishing of the society (Baruchello, 2004). Does deterrence work in modern American criminal justice?
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C.S. Lewis argues for the retributive theory of punishment which states that the punishment is delivering justice that the criminal deserves. That way, a guilty person is “treated a s a human person made in God’s image” who “should have known
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The attractiveness of this theory is primarily based on the ethical code that Hampton subscribes to, which is that pain-inflicted punishments should not be condoned when it comes to disciplining wrongdoers. Rather, constructive analysis done pertaining to why certain actions are morally wrong in society would be intellectually stimulating and productive for both the wrongdoers and the public, all while avoiding the infliction of physical pain. Compared to the retributivist argument, which circulates around the idea that the purpose of punishment is to make wrongdoers pay for their misdeeds, and that they should be treated the way that they have treated others, the MET is a more humane way to treat wrongdoers, and in the long run, would perhaps help them emerge from confinement as better citizens within society, rather than as potential repeat offenders. Therefore, the appeal of the MET stems from the positive implications of treating wrongdoers with respect and dignity, all while teaching them why their actions were wrong while simultaneously instilling positive and moral values in their psyche before allowing them to re-enter
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It is a results-based concept that gives no weight to the intentions that drive actions but, rather, places emphasis on the consequences of such actions. With specific reference to Bentham’s Utilitarianism and his incorporation of Hedonistic Calculus, this theory is simply derived from human being’s primal desires to seek pleasure and restrict pain, and suggests that morally good actions are those which would accomplish such. Furthermore, the idea of striving to achieve ‘the greatest amount of good for the greatest number’ fuels an objection to this theory when considering the minority,
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Summary Foucault work of “The Gentle Way in Punishment” describes the shift from the excessive force of the sovereign towards a more generalized and controlled forms of punishment. It emphasizing on transforming and improving the individual into a socius through public works and introspection. It discusses the crime and how it is dealt with in a more rehabilitating sense that specific crime need specific moral counterparts. For example, those who are lazy give the counterpart of work.
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In the case of the death penalty, it has the added bonus in guaranteeing that the person would not offend again. Supporters of harsh punishments argue that the would-be criminal would consider the costs versus the benefits of committing a crime. If the costs outweigh the benefits, then it is assumed that he would stop what he is doing, effectively ‘deterred’. Furthermore, the usage of harsh punishments to effectively deter crime is ethically justified as it prevents more people from falling victim to crime. However it is extremely difficult to judge a punishment’s effectiveness based on its deterrence effect, consequently we must consider other variables that would entail a person to commit a crime.
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