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Criminal behaviors in society
Theories on deterrence
Criminal behaviors in society
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More handpicked essays just for you.
Criminal behaviors in society
Theories on deterrence
Criminal behaviors in society
Don’t take our word for it - see why 10 million students trust us with their essay needs.
This case involves Robert Xie charged for the murder of Norman Lin, Lilly Lin, Irene Lin, Henry Lin and Terry Lin, although his wife believed that he was innocent. The reasoning for the murders were so he could have sexual access to his niece. The motive was previously not reported due to legal reasons. He continuously pleaded innocent. The case was under the jurisdiction of Common Law- Criminal.
Russ Shafer-Landau provides us with two separate arguments about the death penalty in his academic book The Ethical Life, fundamental readings in ethics and moral problems. In the first argument, Justifying Legal Punishment, Igor Primoratz gives us substantive reasoning that opts favorably toward the necessity of the death penalty. Contrasting Primoratz, Stephen Nathanson, through An Eye for an Eye, provides us with an argument that hopes to show us that capital punishment, like murder, is also immoral and therefore, unjust. By the end of this essay, I intend to show that while capital punishment may not be the easy choice for a consequence and punishment to murder, it is, however, the necessary one.
The death penalty sends a message to citizens; a message that says murder is not outrageous, unless the state is doing it as a sanction. This message helps to justify civilian killings of people believed to be deserving of death and may possibly even cause an uprise in vigilante style murders. This message also leaves an almost open air on what is wrong and provides no consistent moral ground for society to base their beliefs on. This does not mean that people will suddenly think murder is a favorable deed, but it may cause some to not realize how terrible it is. Joseph Summer wrote this in an article titled “Some Adverse Effects of the Death Penalty in History”: “…people learned 3 lessons from the government’s violent example: to use
Support for capital punishment requires valuing retribution over rehabilitation. Those who favor capital punishment value highly the closure it provides to the families of the victims, and they believe that it deters would be murderers from killing. Retribution, closure and deterrence are the main reasons in favor of the death penalty. Opponents of capital punishment generally believe that it is hypocritical and immoral for the state
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.
The traditional goals of sentencing are retribution, deterrence, incapacitation and rehabilitation (Stinchcomb, 2011). A more contemporary goal of criminal sanctions is restorative and community justice (Stinchcomb, 2011). Retribution is founded on the principle that offenders should receive their ‘just desserts’. However, the penalty must be proportionate to the offence committed (Welch, 2004, p.83) Deterrence aims to reduce criminal offending.
9. Punishment is the foundation of the deterrence theory (Smith, 2009: Lucker and Osti, 2001: Smith & Travis,
This article discusses individual cases and crimes and gives analysis of the arguments made against death penalty in real world. Firstly it discusses the deterrence argument while going through a number of cases. The conclusion is that it has no effect on reducing homicides but ironically it breeds violence as in some cases offenders committed a capital crime in a territory where execution still prevails while they could have easily avoided it. Second thing discussed is the cost, the research in article shows that it costs significantly more money to put a convict to death than to incarcerate him for life in a prison. Moreover it is shown that in many cases criminals are executed while there are reasonable doubts in their convictions and some have avoided execution by just a few hours before being exonerated.
This is because the offenders would perceive execution to be more severe that life imprisonment. This indicates that deterrence is effective in the modern American criminal justice
Even though it is true that taking the life of another is not right, it is even truer that the punishment should fit the crime. The death penalty is an exercise of justice that promotes retribution for crime and moral punishment for those who choose to take human life. Also, it prevents society 's worse offenders from re-offending, and it provides justice for the victims whose lives were cut short without a second thought. To better understand why capital punishment is a justifiable act, Kant 's theory gives a clear and logical understanding of the eye for an eye approach. Additionally the utilitarian view also explains why capital punishment is justifiable in regards to comfort for the victim 's family and prevention of re-offending.
Deterrence Theory A special case of the rational choice theory is the deterrence theory, which emphasizes the costs of legal sanctions (Liska & Messner, 1999). While the rational choice theory was initially applied to the field of economics, and considered all costs, the deterrence theory was initially applied to the field of law and only considered legal costs. Accordingly, as a deterrent for committing crime, increasing the severity of punishment, increasing the certainty of punishment, and increasing the celerity of punishment will all increase the legal costs for committing crime and, consequently, decrease the benefits versus cost ratio. Furthermore, there is a specific deterrence and a general deterrence (Barkan, 2006).
Why death penalty must end ‘’An eye for an eye makes the whole world blind,’’ said Mahatma Gandhi. The execution of someone who has possibly done a crime is an inhuman act. Death penalty is hypocritical and flawed. If killing is wrong, why do we kill when a criminal has done the crime of killing someone? In this essay, I will write why death penalty should end by writing about the violation of human rights, execution of innocent people, the fact that it does not deter crime and money.
Each year in many countries around the world people are murdered in the name of “justice”. But can justice really include a sanitised form of revenge? Many people are for the death penalty regardless of what it actually is. A major way that the death penalty is flawed is shown in the amount of innocent people who are sentenced to death.
Just as in other countries, the law in Malaysia can be found not only in legislation, but also in cases decided by the courts. The courts in question are the Federal Court, the Court of Appeal, and the two High Courts. This is because only decisions of superior courts are sources of law as they are the courts that decide on matters of law whereas lower courts generally discuss on matters of fact. Decisions of the higher courts are binding to the lower courts which is known as stare decisis. Stare decisis is a latin term which means to stand by what has been decided.
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.