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The Pros And Cons Of Early Punishment

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Early punishments seem to have been extremely brutal and were mostly carried out in a public setting. For example, the execution of Robert-Francois Damiens in 1751 for attempted assassination was designed to inflict maximum pain on him before he died while showing people the entire process. The early punishments were very brutal for various reasons including the fact that the justice system of the day was mostly retributive. For example, the Code of Hammurabi was made with “an eye for an eye” approach. The brutality of these punishments, therefore, acted as a “fair” response to the offenders for their crimes. As Michel Foucault argues the primary purpose was revenge, and this was to ensure that the punishment was equal or above the initial
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In Jeff Jacoby’s “Bring Back Flogging,” he compares the punishments for crimes in the 17th Century to the punishments for crimes in the present. Jacoby suggests in his essay that “the Puritans were more enlightened than we think, at least on the subject of punishment. Their sanctions were humiliating and painful, but quick and cheap.” Jacoby makes a good argument to bring back an old punishment policy. He points out that “a humiliating and painful paddling can be applied to the rear end of a crook for a lot less than $30,000 (per year).”

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The retribution for the civilizations actions was especially strident. Execution, in various ways, was the preeminent penalty for most wrong doing. Amputation was also a penalty for breaking laws that occurred often. Some of the laws punished people for things they could not control.

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Today I called the Illinois Representative Michael J. Madigan office and received his answering machine. I left him a message asking him to please consider passing bills for sentencing reform legislation, such as the Sentencing Reform and Corrections Act (SRCA), S.2123. I told him that I am a registered voter and it has come to my attention that the federal prison population has skyrocketed dramatically over the past 35 years and most of the people in the prisons are in for minimum drug sentences. I told him that while people are in prison they are losing income, job skills, and are typically unable to attend rehabilitation programs. All of these aspects make it extremely difficult for the people to obtain jobs or get on the right path once

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Jurgis Rudkus, the main character in The Jungle by Upton Sinclair, has a very rough journey when he moves to America from Lithuania. He faces many hardships and they're difficult for anyone to endure. Throughout the novel Jurgis is put through the justice/prison system multiple times, and each time he experienced something new, whether it be the unjust treatment he received, the food he was served, or even the condition of his cell and daily life there. The novel portrayed the justice system as an unfair one. They treat immigrants and the poor unfairly.

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Someone who lied or insulted another person had to pay a considerable fine. A man in Virginia vehemently ridiculed the governor. He had his tongue pierced, and then the authorities banished him from the neighborhood. The hostile colonists aimed for criminal punishments to mortify the offenders. Instead of placing convicts in jail, they would often be whipped publicly or have the name of the offense burned onto one of their hands.

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Therefore, it was more painful to people who violated the rules. It was one of the cruelest punishments of all. It was extremely painful and unnecessary for any sort of violation.

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The act of civil punishment started from the influence of European practices. The very first execution was in 1608. Following the first death, the death penalty became more frequent in the court. During the colonial period, Beccaria (an Italian criminologist during the Age of Enlightenment) started influencing ideas of preventing and abolishing the death penalty. Leading up the the Civil War, the death penalty was diminished.

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Generally, the public sought out the stern implementation of the death penalty. But contrary to this, the use of the death penalty,

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Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.

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The death penalty is a punishment of execution, given to someone legally convicted of a capital crime. The death penalty laws were established in the 18th century B.C when king Hammaurabi of Babylon instituted the law for 25 different crimes. In Jewish history the death penalty could only be given after trail by the Sanhedrin, which was composed of twenty-three judges. There were four different ways the death penalty was imposed on an individual, these were burning, stoning, strangling and slaying (Talmud). In today’s society most countries have abolished the death penalty due to various reasons such as unfair justice, but others still have it in place, for example some states in The United States of America.

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A man named W.S Gilbert once said, “Let the punishment fit the crime.” In the Elizabethan Era this idea was nowhere near hypothetical. The punishments were only as harsh, heartless, and unusual as one could imagine for every act that was considered a crime. The most inhuman behaviors were demonstrated at every hour, of every day, throughout this time period. Although the upper and lower class committed mostly contrasting crimes, they all had similar punishments involving humiliation from villagers that were classified as common or rare.

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Crime and Punishment in the Medieval Period The Middle Ages or Medieval Period lasted from 476 CE to the 1453 CE. It began with the fall of the Roman Empire and merged into the Renaissance and the Age of Discovery. The Middle Ages is divided into three main periods, the Dark Ages, the High Middle Ages and the Late Middle Ages. To a significant extent the nature of crime and punishment, it was very different between social classes during the Medieval Period. This can be seen through the significant groups that were involved in medieval crime and punishment, the effects of a person’s social class on crime and punishment and the punishments given out to different social classes between the Medieval Period and today.

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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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