Friday, December 27, 2019
Utilitarian Theory of Punishment in the Criminal Justice...
There is an ongoing problem in our society regarding punishment and responsibility. We, as a society, tend to look away when it comes to how criminals are being punished and maybe we should be paying more attention. Violence seems to be an integral part of our society, some raise their children with violence, we watch it on television, read it in newspapers and books and now we are even playing violent video games. When it comes to the judicial system the majority of citizens do not even know how individuals are being punished or if the punishment is too harsh, not severe enough or if the individual even needs punishment because what they may need is psychiatric help. Behavioral scientist, Karl Menninger, believes that our prisons areâ⬠¦show more contentâ⬠¦The utilitarian theory of punishment is another approach to the criminal justice system. Richard B. Brandt believes that this type of punishment is frequently found in Great Britain and the United States. He believes that u tilitarianââ¬â¢s differ in their thoughts as to what is the ââ¬Å"idealâ⬠system would be but the punishment extended should be fair and that the threat of punishment may be more important than the punishment itself. Brandt discusses the difference in the prosecution and defense used to obtain maximum utility and how the punishment should be implemented and how to mitigate the punishment. Brandt also discusses how utilitarianââ¬â¢s believe that reform needs to take place in the criminal justice system. What is being proposed begins with reforming the juvenile court system with more psychiatric treatment and programs to assist with crime prevention as well as asking for more social awareness to help these programs. This reform would then be extended to the adult population. After a guilty verdict is rendered, the experts would complete an evaluation and decisions would be made regarding treatment for each individual and a timeline created to establish when such individual could be reintegrated back into society. This type of sentence may not follow utilitarian views but there views regardingShow MoreRelatedThe Retributive And Utilitarian Theory Of Punishment1478 Words à |à 6 Pages Punishment is any kind of negative penalty inflicted on the wrong doer to prevent him from doing wrong in the future. Though there is no specific definition for punishment, it implies all those acts that are required to teach the wrong doer a lesson. Taking a negative step towards the offender. Since the evolution of time, there have been many sociologists who have given their theories on punishment and how the offender should be punished. The theories vary in terms of approach takenRead MoreRetributive, Utilitarian and Rehabilitative Justice Compared1680 Words à |à 7 PagesRetributive, Utilitarian and Rehabilitative Justice Compared The three justice theories or views, which include utilitarianism, rehabilitative or a retributive style of justice, are multifaceted. It is not easy to sum the aspects of each without lengthy discussion. Therefore, I will try to maximize my efforts and offer concise answers. It is fair to note that my belief system correlates strongly with retributive style justice theory. Nevertheless, I will compare all three theories accordingly. Read MoreThe Theory Of The Criminal Justice System931 Words à |à 4 Pages The notion that punishment should be equal to the crime is a major philosophy in the US criminal justice system. However, finding a great balance between justice and punishment is often a blurred line. Over the past 40 years, the population of state and federal prisons have risen drastically. Polices such as the war on drugs and get tough on crime have caused judges to give out more incarceration years than ever before. With such are large prison population, the resources ne eded to operate isRead MoreJustification And Justification Of The Penal System1171 Words à |à 5 PagesPunishment in general can obviously be justified (in the traditional sense of the term) on utilitarian grounds. Nevertheless, usually its justification is not asked for. Because justification of punishment, in general is unnecessary. It is the justification of particular infliction of pain (or punishment) that can be enquired of. As a man can legitimately ask for justification of a particular law of a state. However, nobody enquires of the justification of legal system or of law in general. It isRead MoreThe Utilitarian Theory Of Punishment1494 Words à |à 6 Pagesdefend both the proponents and principles of the utilitarian theory of punishment, namely addressing the utilitarian approach juxtaposed with the retributive. Before beginning to make claims in any direction, a brief and to-date synopsis of the utilitarian fundamentals regarding punishment will be necessary. From ther e, I will present the utilitarian theories of punishment as not only the most useful for a society, but also the best representation of criminal law being carried out justly. Following thisRead MoreIs Restorative Justice Gaing Support in South Africa?1503 Words à |à 7 PagesIntroduction Punishment, central to any legal proceeding where the accused is found guilty, directly falls under criminal law and is determined by punishment theories. Whether South Africa is moving towards restorative justice approaches influences many aspects: it allows the protection of society, results in more of a crime-free life for the offender and it gives offenders the chance to learn from their experience, and gain insight into their behaviour and allows victims to handle their injusticeRead MoreThe Classical Theory Of Criminal Activity856 Words à |à 4 Pagesbecause it is believed that criminal activity is a rational choice, chosen because they perceive it to be in their best interest. ââ¬Å"Criminals make a rational choice and choose to do criminal acts due to maximum pleasure and minimum painâ⬠(Classical School of Criminology, 2012) Cesare Beccaria contributed to the classical theory greatly, and introduced several attributions to the justice system which advanced it immensely. ââ¬Å"Views were consistent with Beccariaââ¬â¢s utilitarian beliefs that sought to maximizeRead MoreKant and Mills on Capital Punishment Essay1609 Words à |à 7 PagesKant and Mills on Capital Punishment Capital punishment has raised debate in America since 1608. Both the ââ¬Å"pro-ââ¬Å" and ââ¬Å"anti-ââ¬Å" sides of the issue have strong arguments. Some believe killing is simply wrong, and violates universal human rights, others seek the only justice they deem appropriate, equal justice. I will examine the philosophies of Immanuel Kant, and John Stuart Mill, with regards to their stance on the death penalty. John Stuart Mill (20 May 1806- 8 May 1873) was born in London, EnglandRead MoreAmerica s Scandalous Incarceration Rate921 Words à |à 4 Pagesthe numbers today are much higher than they were 30, 40 years ago despite the fact that crime is at historic lows. So what are we to make of the leap in time typically served for crimes in Americaââ¬â¢s society? Either the justice system was too lenient in the past, or the justice system is too strict now. Have we just now realized the real gravity of murder, or are we now overreacting? Those who have served a proportional sentence, and have proven themselves worthy, deserve to be restored to public lifeRead MoreCapital Punishment And The Death Penalty1714 Words à |à 7 PagesCapital punishment, or the death penalty is the legally authorized death of an individual as punishment for a heinous crime, typically one that involves murder. The legality of it varies by state and it continues to be a contentious topic of discussion in the United States. Furthermore, in recent decades, public opinion has been shifting from a supportive stance to an unsupportive stance on the use of the death penalty. It is now perceived by most people to be an unethical, immoral, and expensive
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.