Punishment Research Paper

In: Social Issues

Submitted By NunyaBI
Words 1125
Pages 5
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 damages where caused. This is a form of retribution to benefit the victim. However, if thecriminal is not able to pay the money back, the victim will not receive in retribution for thecrime. Often times, if a person is not convicted of a crime or sentenced to jail, they can still besued for retribution. Take for example, O.J. Simpson who was found not guilty for murder butwas convicted of…...

Similar Documents

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

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

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

Research Paper

...Final Research Paper Animal rights to freedom Steven McFarlane DeVry University Advanced Composition Professor Christopher Drew August 27, 2013 Animal Rights To freedom Since the beginning of time animals had rights to do as they please in their own habitat. As time accumulated, these rights slowly faded with entertainment usage of animals. Animals do not belong in a zoo for personal visual enjoyment. Almost every child has taken a trip to the zoo. At the zoo we see different animals in created habitats eating prepared food. A variety of different animals are either captured or born to amuse humans for a profit. The rights of freedom stripped from animals to make us smile are not essential to our survival. Animal’s that are raised outside their natural habitat cannot survive among their fellow species in the wild. The Zoo and the circus are prime examples of animals misuse and abuse. Animals from the zoo and circus would not be able to coexist due the difference in freedom. Less animal attacks would occur as well. Zoo’s and Circus’s argue that they save endangered species and educate the public, but I strongly believe the costs outweigh the benefits, and individual animal’s rights are violated and unjust. Zoos define themselves as bringing people and animals together, as well as educate the public with the appreciation of the animals. This exposure and education motivates people to protect the animals as they believe. Zoos save endangered species by bringing......

Words: 2097 - Pages: 9

Punishment Philosphy Paper

...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......

Words: 685 - Pages: 3

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

Research Paper About a Research Paper

...Research Paper about a Research Paper Name place Professor 05/22/11 Research Paper about a Research Paper Research is a way to formulate questions and ideas used to solve a give problem using of all sorts of sources to collect information that would generate a solution. Research in the simplest form could be presented as; my computer keeps rebooting. The research focus could involve looking threw the internet to find web help that addresses the same issue or finding a business that specialize in computer repair by doing a query for computer repair from online in your area or looking threw the phone book. In this instance, someone has prepared both sources with the intention to help find the answer from documented information (Booth, Colomb & Williams, 2008). Over centuries information and been collected in libraries all the information desired. The information age yielding the internet that contains information collected by others for others to answer questions and develop new questions, and find answers. Research papers are also used as a primary form of learning that begins in elementary school and used all threw college and beyond. Carriers have been built for the purpose of conducting research and writing research papers by teachers, scientists, writers, historians, lawyers, engineers – list is goes on. Educators have established the fact that formal research can be a tool used for learning, thinking and understanding......

Words: 1673 - Pages: 7

Research Paper

...Andrew Martinez Research Paper 1) The Exposition In Christopher Papagianis’s and Arpit Gupta’s article, “Making the Housing Market Work Again,” the two provide a descriptive summary of the causes of the housing market collapse in the United States which spurs the Great Recession of the late 2000s. The authors use the actions taken by two groups before, during, and after the recession, as tools to show what not to do when dealing with the housing industry. They then build off these mistakes and offer advice for the future to the two main players in their article, the borrowers and the policy makers. The article does a great job of identifying the problems and raising flags on mistakes made by all parties, but in my opinion the authors did not redirect the blame equally. I believe that the general public was not criticized enough for their part in the collapse, as illogical decisions, specifically with their reliance on credit, led large scale loss in the long term. Where the authors point fingers at borrowers and policy makers for allowing ill-fit people to take out a loan, I blame the people for taking out a loan that they should have known they could never afford in the first place, and explain how we can avoid these economic downturns in the future. The two begin their article by discussing the causes of the housing market crash. They pinpointed the main reason for the crash by discussing how a large number of loans being taken out for things such as homes, cars......

Words: 2633 - Pages: 11

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

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

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

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

Research Paper

...Week 9 Research Paper COM/156 August 11, 2013 Week 9 Research Paper “Marijuana is the finest anti-nausea medication known to science, and our leaders have lied about this consistently. [Arresting people for] medical marijuana is the most hideous example of government interference in the private lives of individuals. It’s an outrage within an outrage within an outrage”. Peter McWilliams Author and Advocate for Medical Marijuana Medical Marijuana has found its place once again as the medical plant that is recognized for its healing potential and properties. How the Government has suppressed its positive potential and healing powers for over 25 years. With the help from many patients, loved ones, research departments and advocate groups to get the Government’s attention to see and understand that the terminally ill and the sick should not be treated as common criminals. They are only trying to find some peace and serenity in their last days. The struggle and fight that has been going on for the last 25 years against the Government. The people were finally heard, with the legalization of Medical Marijuana. The Government wants to regulate everything for their own best interest, the positive effect of decriminalizing marijuana for the terminally ill and the positive economic benefits for our community. Cannabis Sativa, Marijuana, Weed, Herb, Mary Jane these are just a few names that this little 5......

Words: 3304 - Pages: 14

Research Paper

... ABSTRACT My topic of discussion will be about death penalty in Iran and Saudi Arabia. Death Penalty is capital punishment where a person is put to death by the state as a punishment for a crime. This topic was one the first global issues we discussed in class and in my paper I will explain how the penalty has affected the civilizations and the countries as a whole; this will include the civilians, lifestyles, and how they react to the punishments. I chose this topic because it has always caught my attention and I believe that my essay will be efficient if I discuss this issue. My references will come from the Book, GlobalIssues.Org, and NCBI.Gov. Keywords: Life, Government, Change DEATH PENALTY The death penalty/capital punishment is when the government or a state punish someone for a murder or any other capital crime. Many states/ countries have different executions for capital crimes anyone commits. This includes hanging, lethal injections, poison gas, decapitation of the head etc. The first death sentence historically recorded occurred in 16th century B.C Egypt where the wrongdoer, a member of nobility, was accused of magic, and ordered to take his own life (History of the Death Penalty, paragraph 1). IRAN Iran is a country that practices the death penalty to the full extent; with such a heinous system of capital punishment, crime is one obstacle that many individuals wish to avoid at all costs. Some factors that can cause someone to be...

Words: 2133 - Pages: 9

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