Punishment Research Paper

In this paper I go forth be discussing the cause of four defenses which accept retri thation, deterrence, rehabilitation, and social protection. I depart be demonstrate you the relation to these types of excuses to same a shots Ameri commode club. I will be discussing which type of penalisation deters crime most rigively. I will be discussing if the consequences of penalisation provide m any(prenominal) bene dies for crime and parliamentary procedure. When it discerns to the perception of penalisation it involves the take to inflict damage on criminal off ceaseers.However that main question is whether or non penalty should be destructive but whether the presumption of penalty makes sense (Golash 2005). vindicatory punishment states that offenders who commit a crime deserve many type of punishment. Validation is resulting from the vituperatefully of the crime devoted by the offenders. The punishment that is the deliberate and necessary cause of harm works to ab ate the crime (Golash 2005). penalty is only measured for the misusefully of the act, not to veto future unlawful activity.It is believed by Golash that punishment is used to justify victims (Golash 2005). penalization is a symbolic end big(p) attention to the exoteric that a specific crime was im clean rather than a particular termination of the criminal act. Punishment is believed to be an illustration of vindicated anger by the victims because of the breach of trust commanded by society (Golash 2005). Those who get from the law fork out approval to punishment according to the law it is a social dissimilarity among society and its members.As of this social dissimilarity, it would be unjust to throw in specific citizens to profit from society without restrictive their own bad desires (Golash 2005). Retributive punishment does not invalidate the crime except the will of offenders that ar offenders will be free lacking self-control and consequently punishment direct the w ill of offenders toward unlawful activity (Golash 2005). In otherwise words, the victims be never fully return to the position they were prior to the criminal act. The conclusion is that a victim has no right hand apart from their own right to vindicate the offenders il statutory behavior to them (Golash 2005).Criminal wrongs cannot be undone, and doing special harm to an offender only compounds certain social ills that may be bluely correlated with the offenders need for criminal fulfillment. Punishment is not the only alternative to handle criminals (Golash 2005). Retribution demands a consequence, but that consequence does not necessarily implicate punishment (Golash 2005). In the end if the system demands punishment for those who deserve then why those who atomic number 18 atomic number 18 deserve good not receiving good.Retribution is to a fault known as the deterrent pillowcase vengeance to live up to a society to make the offender injure as much as the suffering ca used (Golash 2005). This type of justification for punishment is the oldest of the four different types of punishment (Golash 2005). This type of punishment was designed to satisfy the spates need for a type of closure that cheery the moral of society (Golash 2005). In principal punishment should be couple in severity to the deviance itself. It all comes down to equal arbitrator and eye for an eye and a tooth for a tooth.The second of the four justifications for punishment is deterrence. Deterrence is the attempt to discourage crime by punishment (Britannica 2012). This c erstwhileption came about during the eighteenth century. Deterrence is a type of punishment that relies upon examples of punishment made known to everyone ahead of the eons before they choose to do an unlawful activity (Britannica 2012). This c erstwhilept is based on mind that citizens will not break the law if they think that the pain of the punishment will outweigh the pleasure of the crime.Deterrence the ory has established difficult to validate heretofore largely because the presence of many intervening factors makes it difficult to prove uniquely that a certain penalty has prevented someone from committing a given crime(Britannica 2012) in that location have been a few examples where some sentences can have a strong deterrent effect. For example laws that are designed to prevent ride under the influence of alcohol and setting a maximum legal limit of blood alcohol levels can have a acting(prenominal) deterrent effect on a wide population oddly when coupled with mandatory penalties and a high probability of conviction (Britannica 2012).There is other form of deterrent that is called denunciation which utilizes humans condemnation as a form of fraternity moral education (Britannica 2012). In this approach a person found guilty of a crime is denounced that is subjected to shame and public criticism (Britannica 2012). Its objective is to reinforce their rejection of law-brea king behavior. General deterrence through with(predicate) fear is aimed at those who avoid law-breaking behaviors not on moral grounds but on the basis of a calculation of the voltage rewards and penalties involved (Britannica 2012).This type of punishment is much informal and rationale. Theoretically the intensity of individual deterrence can be measured by examining the sequent conduct of the offender (Britannica 2012). Theories of deterrence and retribution share the same image that punishment should be proportionate to the gravity of the crime, a principal of virtual(a) importance (Britannica 2012). If all punishment were the same there would be no bonus to commit lesser rather than the greater offense. refilling is a more permanent fix in deterring crime (Larrabee 2006).Rehabilitation through society supervision can have a more lasting effect on individuals and deter them from committing future crime if they learn how to adapt in society by gaining academic or trade ski lls (Larrabee 2006). These programs can encourage offenders find employment and secure an important role in the community and give them them a sense of being. Therapy is another form of rehabilitation necessitate to help deter individuals from committing future crime (Larrabee 2006). Rehabilitation is based on creating a transfigure in criminals attitudes or resources so that crime is neither a desired nor necessary activity (Larrabee 2006).Some punishment includes work to reform and rehabilitate the wrongdoer so that they will not commit the offence once again. This is distinguished from deterrence, in that the goal here is to change the offenders attitude to what they have done, and make them come to see that their behavior was wrong (Larrabee 2006). Form of rehabilitation through community supervision may also benefit a victim or their families such(prenominal) programs and have high hopes of deterring individuals from committing such acts (Larrabee 2006).By allowing crimina ls to be rehabilitated instead of incarceration it helps to eliminate problems that inmates experience once released from prison. Allowing someone to probation instead of jail time allows families to stay together. When people are incarcerated it causes families to go from two parents to a one parent family, causing hardship, stress, and problems in the family structure. This program was designed to reform the offender to prevent later offenses (Larrabee 2006).This idea rose among social sciences in the nineteenth century that proved to be an rough-and-ready solution. If you can control the environment that criminal or law offender of some sort lives in, you can deviate from their normal society (Larrabee 2006). Reformatories or houses of correction provided setting where people could learn the proper behavior. One example of rehabilitation is when someone is caught and arrested for driving under the influence of alcohol they are sentence to attend Alcoholic Anonymous meetings ra ther than jail time (Larrabee 2006).Once they have completed the rehabilitation through the proper reformatory elect for them they can choose to stay on the same path of independence contributing to society or go back to their old habits (Larrabee 2006). Rehabilitation is the most forgiving and positive punishment of the four justifications discussed because it promises the offender a second chance at life (Larrabee 2006). Unlike retribution, which demands that the punishment fit the crime, rehabilitation tailors treatment to each offender. The final option for a justification for punishment is the term societal protection.This favors the society by rendering the offender incapable of further offenses temporarily through imprisonment or for good by execution (Stephens 1990). This option of punishment differs from rehabilitation in that no special treatment is given to the offender in hopes to change him. His meet is a set area in a cell or execution chamber that many have used be fore him which protects society (Stephens 1990). This method can help be helpful to the offender giving the offender a chance to reform and a promised second chance.The joined States currently incarcerates close to 2. 2 million offenders in jail. As in the Times explains, the crime rate has gone down in new-fangled years, but the number of offenders locked up across the country has gone up, treble since 1980 (Stephens 1990). This type of punishment does what is necessary to protect society as a whole from the criminal. This could mean death, or complete removal from society (Stephens 1990). So the question is which one of these deters crime the most efficiently in todays society.With the different views unattached as well as my ain views, it is difficult to choose just one type of punishment as the most effective method of determent. I can say however, that I would like to see Rehabilitation efforts made more widely available for Juvenile Offenders as I feel that this will enabl e them to have a much better grasp on what life is as well as allowing them to change their lives positively. era for adult offenders (serious crimes), I would not mind seeing harsher penalties in many cases.Certain punishments are more effective on certain crimes. And certain punishments are more effective on certain people (Black 1998). Some criminals should be punished to remove their incentive for committing crimes. But there are some criminals who just need to be removed from society to prevent them from preying upon society (Black 1998). Obviously for lesser crimes, lesser punishments should be delivered. Punishments (if at all possible) should reflect the crime committed such as scrubbing walls for graffiti artists, picking up trash for litterers, etc.Not nice of this is done. Punishments should not punish society if alternatives are available (Black 1998). Jailing everyone (as is now salutary extensively in the U. S. A. ) also punishes society tax money is used. Whippin gs and public service are excellent punishments and (at least whippings) are not beneficial in the U. S. A (Black 1998). But where they are practiced, crime is lower. These forms of punishment also do not cost the tax cave iners a lot of money. For most criminals, the curse of adequate punishment will deter them. Adequate does not include sitting on ones bum all day with free meals and a warm place to sleep not to mention watching television receiver and playing video games (or whatever else jails provide these days) . But then, on the other side of this argument is the fact that far too many people are made criminals for things which should not be a crime. I once heard of a woman being jailed for overdue subroutine library books beyond absurd (Black 1998). And, at least in one municipality, they valued to make jay walking a jail able offence again way beyond absurd.Real criminals belong in the jail not jaywalkers, people who get into fights, marijuana smokers, etc. Do punis hments for murderers and rapists and the like provide any benefits for the criminals and society? Absolutely it does. It keeps violent criminals off the streets. Does it provide benefits for those convicted of drug crimes? While theyre in prison, theyve got a roof over their heads, food, and other things. Dont get me wrong people are treated like animals in prisons. But if you come from violent, hard knock surroundings anyhow, I dunno maybe in some cases.Does sticking people in prisons who are convicted of drug crimes provide benefits to society? It gets drug users and small time dealers off the streets, but we have to pay for their food, clothing, and housing for 15+ years. My personal opinion When even hard drugs like coke and heroin are cheaper than most medicines, then maybe our translation of criminal needs a harder look. In conclusion the four types of justification for punishment including retribution, deterrence, rehabilitation, and societal protection are all effective shi p canal our society deals with lawbreakers.Each of these justifications is an attempt to protect society by ensuring proper punishment is carried out. Since crime has statistically dropped in the past 20 years we can conclude that our justice system has a positive effect on crime REFERENCES Stephens (1990) High-tech crime fighting Futurist, Jul/Aug90, Vol. 24 Issue 4, p20-20, 6p, 3 Black and White Photographs, 2 Illustrations received on October 28, 2012 Black (1998) Do Right-to-Carry rights Deter Violent Crime? Journal of Legal Studies, January 1998, v. 27, iss. 1, pp. 209-19 received on October 28, 2012 Larrabee (2006) Punishment vs.Rehabilitation in the criminal justice system received on October 27, 2012 from http//voices. yahoo. com/punishment-vs-rehabilitation-criminal-justice-119962. html? cat=17 Britannica(2012) General Deterrence received on October 27, 2012 from http//www. britannica. com/EBchecked/topic/483544/punishment/272339/General-deterrence Golash (2005) The case a gainst punishment Retribution, crime prevention and the Law New York New York University Press, 2005. 240pp. Vol. 15 No. 3 (March 2005), pp. 234-237 received on October 26, 2012 from http//www. bsos. umd. edu/gvpt/lpbr/subpages/reviews/golash305. htm