Free Essay

Punishment Philosphy Paper

In: Social Issues

Submitted By temptay82
Words 685
Pages 3
Punishment Philosophy Paper

Amanda Robertson

CJS/220

1/19/14
Mrs. Kathy Holder

Punishment Philosophy Paper

Punishment philosophy has been studied for centuries for it plays a huge factor in criminal justice and the reform of the offenders when entering back into society. Obviously there are many different forms of punishment that an offender can face after being convicted off a crime. The punishment philosophy studies areas of incarceration rehabilitation, and whether or not these punishments hold any type of deterrence from committing crimes again. Punishment philosophy and its effects on the post-conviction process There are specific types of punishment which are deterrence, incapacitation, rehabilitation, and retribution. Deterrence is largely used throughout the community and has effects on offenders by deterring them to not re-commit a crime out of fear of facing the same consequence. It also affects the community for when people hear of the punishments one may face for committing a crime, or when a judge makes an example out of a criminal by giving the max penalty, it can deter the community from committing such a crime. Incapacitation is when offenders commit a crime and are then are incarcerated in prison, losing their freedom, their rights, and many then having a criminal record which will in many cases unless pardoned or expunged follow them for life. Rehabilitation is used as a way to in other words give the offender a chance to not serve prison time, for the judge or jury may feel that the prisoner will have a better chance at change by either going into a rehab for a drug conviction or even going on probation or early release on parole. Many times this form of punishment is also used because of the overcrowding of the prison system. Lastly, retribution is a punishment where an offender may for example commited a robbery, or larceny, and the judge sees it fit to have the offender repay the victim back, as well as do community service, or some type of pay back to the community as well as the victim like mentioned. The affects that these punishments have on the post-conviction process is that for one it offers deterrence to the fact that it is obvious that if you commit a crime you be punished. There are more serious punishments like life in prison and even the death sentence in many states, but mostly these punishments have pros and cons. These punishments are sanctions that give the offender a way out of the life a crime. The great thing about the United States Criminal Justice System is that there is so much help out there. Our government offers state insurance to unemployed criminals, even if they are convicted felons, allowing them the ability to get physiological help, counseling. Many crimes are committed simply to support drug addictions and America is filled with meeting everywhere that offer Alcoholic and Narcotic Anonymous Groups that are confidential and often ordered as a plan for rehabilitation. These sanctions are in many cases ways to give an offender a second chance at a new life. Probation is when an offender is either given a suspended sentence with probation and this gives the offender the chance to prove to his/her probation officer that they can be law abiding citizens while being monitored in the community. I do believe that incarceration is not always the best bet for there are innocent men and woman behind bars but no system is perfect. If these punishment sanctions were not put into place this world would not be as safe of a place as it is now. The basic law is “If you do the crime, you do the time!” This country is home of the free and we are given many opportunities to succeed in this country. There is no need for a person to take the road to crime, but if they do they need to know that they will face the consequences.

References
Cjs 220 Punishment Philosophy. Anti Essay. Retrieved January, 20 2014, from World Wide Web: http:www.antiessays.com/free-essays/321269.html…...

Similar Documents

Premium Essay

Assignment: Punishment Philosophy Paper

...Assignment: Punishment Philosophy Paper There are five punishment philosophies used in the criminal justice system, deterrence, rehabilitation, incapacitation, retribution, and restoration. (Meyer & Grant, 2003) The goal of each philosophy is to prevent criminal offenses from occurring. The first philosophy is deterrence, this philosophy tries to convince people not to commit crimes or violate laws. When a person decides not to do something like parking in a handicapped space because they will be fined for breaking the law, this is called deterrence. Officers can decide to write a warning instead of taking formal actions like having the offender appear in court. (Meyer & Grant, 2003) The two types of deterrence used are known as general and specific. Specific deterrence or is when an offender decides not commits future crimes. General deterrence is a person decides not to commit a crime, because others were punished for similar crimes and do not want to deal with the punishment if caught. The philosophy of rehabilitation is when the criminal justice system tries to end criminal behavior by “curing” offenders of breaking the law. (Meyer & grant, 2003) Under the philosophy of rehabilitation a crime occurs when a criminal or “sick person” commits a crime. The person has a physical illness, psychological disorders, or a social disorder that causes them to commit these criminal offenses. The offenders that the system deems rehabilitated......

Words: 691 - Pages: 3

Premium Essay

Punishment Research Paper

...Punishment Research Paper Craig Hart March 25, 2012 SOC/120 When it comes to American society there are four types of punishment. These types of punishment are retribution, deterrence, rehabilitation and societal protection. Punishment in its concept is favorably perceived as a retributive practice. Our society uses these four forms of punishment attempting to lower crime rates in our society. Some of these types of punishments could be considered harder than others however each one has its own distinction. Retribution according to the dictionary is the act of punishing or taking vengeance for wrongdoing, sin, or injury. I think that the phrase “an eye for an eye” and “a tooth for a tooth” is a very good definition of how retribution depicts peoples need for justice in our American society. When people have gone through an experience of crime or pain, they want some sort of closure or retribution to satisfy their morality. An example of retribution is in our courts system when murders get convicted and sentenced to one life behind bars for every life that was taken. People who believe in retribution believe that there is no rehabilitation or any help to change the criminal just that the criminal must serve the time sentenced. As stated by Gerard V. Bradley (2003) the adoption of retribution as the philosophical basis for punishment therefore provides a powerful, multi-faceted justification for beyond that proffered by the alternatives. Retribution......

Words: 1136 - Pages: 5

Premium Essay

Sentencing and Punishment Paper

...Sentencing and Punishment Paper Karen Peters CJS/200 03-31-2013 Brenda Barney Sentencing and Punishment Paper There are several philosophies used in the court systems that are used in determining what the punishment will be for criminals that are found guilty for the crimes they have committed. The four philosophical, reasons are used in juvenile and adult courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms. The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just......

Words: 1400 - Pages: 6

Premium Essay

Punishment Research Paper

...Does the punishment fit the crime? Will the punishment deter the crime? Thesequestions are asked every day when someone goes before the court for crimes they havecommitted. The justified punishments include retribution, rehabilitation, deterrence, and social protection. Although most cases are bargained down from the maximum sentence for the crime,there is still justified punishment in one way or another.Retribution has been around since the beginning of time. It says that the punishmentshould be equal to the severity of the crime. The offender is supposed to suffer as much as thecrime has caused the suffering. It is thought that that the victim is owed something by theoffender to make up for their crime. In today¶s society, a person is punished for their crimethrough serving time in jail, not necessarily paying the victim back. In the Buffalo Criminal LawReview, the author questions the idea of imprisonment as a form of retribution by questioninghow we ³determine the length of time he should be incarcerated by invoking the idea of retribution´ (Rubin, 2004). The idea behind the current system uses different lengths of jail sentences based upon the severity of the crime to punish the criminal. While this can be may be effective form of punishment, but it does not follow the idea of retribution. However, there is one scenario where retribution is used for the victim. In civil lawsuits,the perpetrator must pay the victim back in a monetary form to try to make up for whatever...

Words: 1125 - Pages: 5

Premium Essay

Managerial Philosphy

...given praise when needed but issued stern disappointment criticism when things did not meet his desired standards or goals. He was not a people manager but an outcome driven manager. Due to this, he may have lost many great minds and alienated himself from prospective great thinkers and doers on his level. But, what I can say is he was very self-assured in his abilities to accomplish goals and made every attempt to market his brand as just that. Overall like mentioned in the article about Steve Job personality traits, (Katzenback 2012) describes Jobs as being committed, confident and charismatic.  These features are also outlined in the “Composite list of basic qualities for assured managerial success” (Mintzburg, 2009).   By writing this paper and being enrolled in this class I have gained a better insight about management. I have built an outline about my management style, and what my tendencies are. I have also identified what my strengths and weaknesses are. But most of all I have questioned myself and my values and beliefs to see if they are inline with my actual portrayal of my personal being. Thus I can say, that my beliefs and values measure the same but there are improvements that can happen. With that knowledge I can openly look forward to gaining more knowledge about being a leader and a better manager. References Forbes, Jr., R. (2006). The Leadership Personality Assay, Revision 2. Retrieved May 23, 2014
from......

Words: 2628 - Pages: 11

Free Essay

Punishment Research Paper

...people from committing those crimes. “Criminal Punishments are measures, usually designed to be unpleasant, which are imposed by governmental authorities on persons who have been convicted of violating provisions of applicable criminal laws.” (Criminal Punishments) Each crime has a different level of response that is needed for instance you are not going to give someone the death penalty for running a stop sign and you are not going to give an Ax murder a warning and send them on their way. Ensuring that the proper deterrent is applied for each crime is an important factor to insuring that a person will not commit the crime again. The theory of deterrence comes from the idea that the punishment must be as severe as the crime committed. Additionally, the punishment has to be given to the criminal so that the punishment is viewed as a result of the crime. When the act of punishment stops one from committing crimes, this is called "general deterrence." There is another form of deterrence, which is "specific deterrence," referring to the inability of criminals to commit additional crimes after punishment has been served. It is completely obvious and clear that capital punishment is classified as a specific deterrent, because the criminal will be dead; therefore, crimes will no longer be committed. Nonetheless, capital punishment is a controversial topic discussed by all people, who cannot come to an agreement whether capital punishment is more effective than spending one’s life......

Words: 1045 - Pages: 5

Premium Essay

Punishment

...For this paper I was challenged to answer the question, does punishment deter crime? Personally I think this is a tough question to answer, and even more so to answer correctly. For me, I think that no punishment would ever solve anything, and if anything it would make the person that you are punishing even angrier that they are getting punished and would probably want to keep on doing what ever they were doing wrong. This does not mean that I am right though, so over the past week I have been documenting and researching the four types of punishment, retribution, deterrence, rehabilitation, social protection, and trying to find the best results I could find that would make logical sense, and this is what I came up with. First I will start with retribution. The chapter defines retribution as an act of moral vengeance in which the society makes the person committing the crime suffers as much as the suffering caused by the crime that was committed. At first glance I thought that this was a good idea, and I think that it would be very useful, and I still do. I can recall a saying that one of my grandfather’s uses to say, and that was “an eye for an eye.” I never quite knew what this meant until much later in life, but I think that this is a good idea to go with. Still, in the research that I have conducted, all of the studies stated that this did not work in making the criminal any better of a person, or someone who would not go out and commit the same crime for a second...

Words: 1396 - Pages: 6

Premium Essay

Punishment Research Paper

...Punishment Research Paper Mary Barley Axia University of Phoenix SOC 120 June 20, 2011 Walter James Punishment Research Paper When a crime is committed there are thoughts of why it happened, but there are also thoughts of justice. How will this person pay for this crime? These questions are asked everyday as crimes are being committed. And as these crimes are committed the offenders are going to be labeled to fall in one of the four types of justifications of punishment, which are retribution, deterrence, rehabilitation, and societal protection. Questions have been asked as to what type of punishment deters crime in American society. These questions have been asked and debated over time and answers may be inconclusive. The most important question is does punishment discourage crime at all? Retribution is the oldest justification for punishment to satisfy a society’s need for revenge. Retribution is an act of moral vengeance by which society makes the offender suffer as much as the suffering caused by the crime committed (Macionis, 2006). For example, if someone was severely beaten, retribution for the crime may be to severely beat the criminal. The Mafia families would only feel satisfied when they got revenge themselves. The leader of the organized crime family would choose a subordinate to go out and get revenge for the family. Who should be held accountable for the crime the subordinate or the leader? According to Eldar, 2010, the sentence of an......

Words: 1687 - Pages: 7

Premium Essay

Punishment Research Paper

...Punishment Research Paper Desmarie Guyton SOC/120 December 8, 2013 Dr. March Punishment Research Paper Commandments or laws has been put in place since early BC addressing human behavior, even those that resulted in crime. Commands like thou shall not kill or thou shall steal were put in place to keep order among the people, to prevent any unethical behavior as well as to protect the person who does the crime and make sure that they were offered a fair trial. Within those trials, punishment was the result of those actions which would sometimes resulted in lashes, (a practice by the Romans) exiled to another place or prison, and even death, which still rang true today. According to Macionis (2011) criminal law was the result of criminal behavior is a matter that has been addressed and grounded in the first 10 commandments of the U.S. Constitution adopted into congress in 1791. These laws also offered protection to people who were charge with a crime, which is also referred to as due process. This help to make sure that the people individual rights were protected at the time a trial and the governments’ power was not bias as a result of what the person was accused of. However, if the accusers end result of the trial was guilty, then a punishment was given which reflected the crime. There are four types of punishments that is utilized in our court system today; retribution, deterrence, rehabilitation and societal protection, which some go hand and hand,......

Words: 471 - Pages: 2

Premium Essay

Punishment

...Punishment and Sentencing Philosophies Punishment and Sentencing Philosophies Chandra Walker Axia Online-UOP Abstract In this paper we will discuss the various punishment and sentencing philosophies that are used within the criminal justice system. The process that is used to apply justice is determined for the most part by punishment philosophies. These philosophies are used to express a variety of different concerns and arguments regarding the use of appropriate sentencing and treatment. Rehabilitation is a philosophy that predominantly rues the juvenile justice court system, but do not carry as much weight and is widely scrutinized within the adult courts sector. Rehabilitation may be scrutinized in the juvenile justice court system when the criminal behavior of the juvenile continues to escalate, but when rehabilitation is successful then it can be both beneficial for the criminal and society. When the appeals process is exercised it provides the fair practice of law, ensures those at trial the rights of due process, and gives clarity and provides full understanding of justice and the law. Punishment and Sentencing Philosophies In any nation that strives for great democracy, the major concern is the guaranteed universality of justice. For the US this is an ongoing process that is pursued largely in the court systems on an ongoing basis. Many criminalists state that if it the general basis for an action to constitute a crime really...

Words: 1461 - Pages: 6

Premium Essay

Punishment and Sentencing Paper

...Punishment and Sentencing A serious crime conducted by a child is sometimes a surprise to society because of the perception of innocence synonymous with children. Adults who commit crime are held to harsher punishments and less leniency as juveniles. Perhaps the reason for this is to foster a change in children and afford them the possibility of successful rehabilitation. This paper will identify the various punishment philosophies within the juvenile court and its processes. Additionally differences in philosophies between adult court and juvenile court will be discussed. Lastly the sanctions, legal factors associated with sentencing, and appeals process will also be examined. Juvenile Punishment Philosophies When juveniles are arrested, they are either labeled as being responsible for criminal conduct or considered a status offender. A child under 18 years of age is considered a juvenile. A juvenile who breaks the law other than a traffic violation, truancy, curfew violator, or runaways, their acts are considered delinquent conduct. When juvenile offenders break the law their cases will be held in juvenile court (C, Law, 2010). Each state will vary on what minimum age it will hold juveniles criminally responsible and the nature of the crime, state and federal laws will all factor into what punishment they will be subject to. Some states can prosecute ages as young as six years old, while federal agencies set their age limit at ten years old, however juveniles must be......

Words: 1090 - Pages: 5

Premium Essay

The Paper of Punishment Versus Rehabilitation

...The paper of punishment versus rehabilitation 504 9/7/2015 William Miller The paper of punishment versus rehabilitation With the judicial system, of the United States several tactic methods of punishments use punishment with retribution, rehabilitation, public safety continues with prevention and fiscal. With the United States criminal justice, the system feels that punishment is better for retribution methods. In the current society, the criminal justice uses four methods; of punishment, it will stop the crime from happening. Certain individuals, within the community, think that these punishments are harsh on people although each punishment obtains their distinctiveness. The punishment also rehabilitation its efficiency Many individuals feel that rehabilitation has taken a back seat, to take charge of criminal activity at this current time. The process obtains punishment, will be a prison sentence as a general role. It is a certain way begins overpopulation within the prison, will have a specific impact on the rates criminal activity. Because of the specific way in the United States, the inmate’s population has an increase in amount two million individual in the corrections system. Within the 25 years earlier creates a large sum of research literature, which said the general cause to criminal conduct the certain discovery of the research thinks. That people concept to stop criminal activity will have to obtain the...

Words: 1823 - Pages: 8

Free Essay

Punishment

...Punishment A Discussion Paper Submitted to Chase Porter In Partial Fulfillment Of the Requirements for PSC 205 University of Alabama By Anna Yslava November 17, 2015 Discuss Nietzsche’s explanation for how we derive punishment and what role it serves. Do you agree or disagree with its analysis. We are generally tempted to see things as having inherent meanings. For instance, punishment is at once the act of punishing and the reason behind the punishment. However, Nietzsche argues, these things have had different meanings at different times. For instance, the act of punishment has been at times a celebration of one's power, at times an act of cruelty, at times a simple tit-for-tat. We cannot understand a thing, and we certainly cannot understand its origin, if we assume that it has always held the same meaning. Punishment was not meted out on the basis of guilt, but simply as a reprisal. The concept of punishment, for instance, has an aspect that is enduring and an aspect that is fluid. Contrary to what we might otherwise assume, Nietzsche suggests that the act of punishing is what endures, and the purpose for which we punish is what is fluid. Punishment has such a long history that it's no longer clear exactly why we punish. Nietzsche provides a long list of different "meanings" that punishment has had over the ages. In this list, Nietzsche nowhere mentions the development of "bad conscience," and suggests that even today, punishment does not awaken a......

Words: 614 - Pages: 3

Free Essay

Orginism Philosphy Paper

...Organism Physiology Paper Samantha Oncher BIO/101 April 11, 2016 Janet Moseley Sanders Organism Physiology Paper In this paper I will be giving a brief overview of the Western gray squirrel (Sciurus griseus) and I’ll describing the environment that the squirrel lives in, as well as explaining the major role the squirrel plays in its environment. I will also be discussing the main functions and structures of the western gray squirrel’s main organs and how the western gray squirrel has evolved physiologically to become suited to the environment around it. The last thing I will be examining is the changes if any that the western gray squirrel would have to face environmentally as well as biologically if transplanted to a significantly different environment. One of three subspecies of native tree squirrels is the western gray squirrel. The western gray squirrel relies on the diverse old growth canopies of pine tree, oak tree, and fir tree forests, for natal dens, food, travel, and protection. The western gray squirrel will usually select larger patches of forested habitat usually away from human habitations. With an average body length of twelve inches and tail length of an additional twelve, the western gray is the largest of the native tree squirrels. This arboreal rodent has white-tipped gray hairs along much of its body and a white underbelly. It is noted for its large feet, pronounced reddish brown ears, and long bushy tail. Western gray squirrels do not hibernate...

Words: 1136 - Pages: 5

Free Essay

Punishment Philosophy Paper

...dfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnm Punishment Philosophy Stephan Novick 5/19/2012 Emmalee Mead | Do you now, or have you ever known someone, a friend or family member or even yourself, that has ever been to jail or prison? The United States has the highest incarceration rate in the world and when broken down in respect to African American race, one out of every eleven people is behind bars (US Bureau of Justice, 2009).It is my opinion that the concept of punishment as it refers to the criminal justice system has been and will always be to reform and rehabilitate offenders by retribution and incarceration. I hope to further discuss punishment philosophies and how they can affect different areas of the criminal justice process after conviction. “Punishment in its very conception is now acknowledged to be an inherently retributive practice, whatever may be the further role of retribution as a (or the) justification or goal of punishment.”(Bedau & Kelly 2010) As stated in the text, “There are four generally recognized punishment philosophies: deterrence, incapacitation, rehabilitation, and retribution. Some scholars argue that there is a fifth punishment philosophy, restoration (e.g., Branham and Krantz, 1994, p. 6). Although the goal of each philosophy: is to prevent crime, they differ dramatically in their approaches.” (Meyer...

Words: 423 - Pages: 2