Punishment Phylosopy: Theories, Terminology, Concepts, Strategies (Reaction Paper Sample)
The purpose of this assignment is for you to demonstrate your ability to apply a working knowledge of the theories, terminology, concepts, and strategies covered in this course to write an informed paper to explain your personal preference regarding punishment philosophy. You may consider concepts such as retribution, deterrence, incapacitation, rehabilitation, vengeance, etc. Your preferred theory must be apparent in your writings, and you must provide a rationale as to why you prefer this theory to others based upon (1) your notion of the appropriate purposes of corrections and (2) the appropriate means for accomplishing those purposes. Illustrate the implementation of the methods as they are used in the justice model, medical model, and custodial model.source..
Punishment Philosophy Concepts
In the past, there existed terrible forms of punishment to law offenders. The offenders were treated with no humanity; their aim was not restoring the individual to the previous state but eliminate the crime even it means the taking his or her life. (Jeremy Bentham, 2013). Therefore this paper will analyse the concepts of punishment philosophy and come up with a stand as to which of them should not be used in the current world as the world has changed. The main aim of punishment has shifted from eradication of the crime to restore the offender to the initial state of good personality. Every individual has a right to live so no one should threaten anybody.
Punishment is the act of making an offender suffer from the law of offence he or she has committed. The level of discipline varies depending on the crime the offender has committed. The criminal justice system determines punishment rehabilitation be given to the offender. There are many forms of punishment philosophy expressed in the criminal justice system in the world. (Jeremy Bentham, 2013)The type to use in rehabilitation depends on the criminal justice system the offender has been taken. Punishment philosophy has helped the society in many ways through the forms of punishment given the lawbreakers. The kind of training, education learnt during the sentence changes the personality of the lawbreaker. The types of punishment include:
The way of reforming and restoring the nature of the law offender. The lawbreaker is given a sentence from the criminal justice system. During the punishment, there is a treatment that is different from the outside therapy that he or she was given. The lawbreaker is given harsh environmental conditions to live, the states will make him or her to suffer for a while thus moulding their character and personality. Also, they are given education and training during the punishment, for instance, if the lawbreaker were a thief the training provided would make him or her independent. Rehabilitation has helped the society a lot this because after the punishment the law offender is moulded in personality and character. It gives the community and the world at large a reason for continued use of rehabilitation as a form of punishment philosophy. It helps the world to archive the moral laws and have a better world in the future.
It is among the oldest forms of punishment in the world. It existed even during the era of Moses when there existed the Mosaic laws in the Old Testament. This form of punishment gives a uniform penalty. In this concept the crime committed gives the judgement, it is one of the most painful ways of discipline as it entails even life sentences. The lawbreaker was given what they deserve. There were no negotiations for the justice that was provided by the criminal justice system. It operated under the principle of letting the crime determine judgement (S.P. Singh Makkar, 2014). This form of judgment had sentencing guidelines and policies which made it painful than the rest. Most of the law offenders that committed crimes using firearms were the one judged for this offence. The United States used this form of judgement. It has been criticised by many researchers as it allows taking away from somebody's life. Every individual has a right to live on this earth, and no one has a power to kill or sentence anyone. That is why nowadays criminal courts are not allowed to give sentence in most of their judgements.
The policies and rules designs towards the imprisonment are very terrible thus they prevent the lawbreaker from doing the same. It scares away most of the people. The actions are designed in a way that they reduce the desire to break the laws. It mainly focuses on the elimination of the individual prospect for crime and deviance. These actions are used even if they don't change the personality and proper conduct of the offender. It is not a useful feature as it does not mainly focus on improving the individual but aims at scaring away others. It even physically removes an individual from the society for punishment.
This punishment does not aim at making change and reforms to the individual, it only seeks at scaring away the society, and this makes it a lousy way of punishment though it reduces crimes and offences.
This form of punishment take cares of the relationship between the sanctions and the human behaviour by asking whether the extralegal sanctions are useful for reducing the offence. The punishment value is directly linked to the characteristi...
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