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Utilitarianism In The Criminal Justice System

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What is Utilitarianism? Describe its main features and its relevance to the criminal justice system.

In addition to the Week 4 slides presentation, also refer at a minimum to Braswell M., McCarthy, B., & McCarthy, B. (2011) "Justice, Crime, and Ethics" - e book Section 1 Chapter 2.

Jeremy Bentham (1748 – 1832), known as the father modern of Utilitarianism, defined as the “fundamental axiom” of his vision; the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong.” Jeremy Bentham and John Stuart Mill are renowned proponents of Utilitarianism. Utilitarianism is the greatest form of consequentialist theory. Both come under the umbrella of Teleological Theory, from Greek telos, “end” and …show more content…

It stipulates that the consequences of one’s actions are the ultimate benchmark for judgement about the appropriateness or wrongness of that action. In Consequentialism, the right is maximised by the good. Consequentialism, in its extreme form is often stated as… “the ends justifies the means.” – if the outcome is important enough, then any method of attaining it is, is satisfactory.

Bentham was a significant social reformer who supported the rights of individuals including equal rights for women, the right to divorce, the decriminalisation of homosexual acts, the abolition of slavery, the abolition of the death penalty and much more. He is one of the most prominent names in the reform of the corrections system and rehabilitations of prisoners.

Two of the most important aims of sentencing are deterrence and rehabilitation. These two goals have future consequences in mind. For an offender to live a stable life in the community, rehabilitation, helps achieves this goal. Deterrence aims to deter the offender from future offending, but also send a message to the community of the possible criminal sanctions if they offend. Both deterrence and rehabilitation aim to maximise pleasure and minimise

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Utilitarianism is an ethical theory that determines right from wrong when looking at the outcomes. It believes that the most ethical choice is the one that will produce the greatest good for the greatest number. Consequentialism is found in utilitarianism; consequentialism is largely thought about during war. When you fight for your life in war, you end up taking another person's life. While this may be good for your country, it is hurting a different country.

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Of the four goals of prison, I believe that deterrence is the best current approach to correction best accomplishes. Deterrence, a principle in which punishment should prevent the criminal from reoffending. It also assumes that potential criminals would weigh the costs of punishment versus the benefits of the crime act. Of course, this creates a fear to criminals who seek no punishment. Deterrence is better than the other three method because of limitations.

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