How should we punish offenders?
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document in English
criminal law
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published 18/08/2008
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SummaryCriminological debate has propounded polarised theorem as to the most efficacious method to punish offenders within the criminal justice system. Whilst academics agree on the concept of “punishment” as a necessary means they “disagree on the underlying reason that makes punishment appropriate and a justified response to social norm violations.” (Carlsmith & Daley., 2002, p.284). However, from a moral perspective, the underlying question regarding punishment is clearly unanimous in asking “what justifies the infliction of punishment on people?” (Carlsmith & Daley., 2002). One line of argument propounds that the punishment’s primary purpose is to pay back harm caused as retribution for past crimes (Darley, Sanderson & LaMatnia, 1996; Kahneman, Schkade & Sunstein, 1998; Rossi, Waite, Bose & Berk, 1974); others claim that the central purpose is to prevent or reduce future crimes (Jeremy Bentham 1962); thereby implementing two diverging and broad justifications for the use of punishment of offenders.
Table of Contents
- Introduction.
- A common justification for offender punishment.
- Insight into the psychological aspects of offender punishment.
- The utilitarian theory.
- Arguments of Auld (1986) and Burr (1987).
- The severity of punishment model.
- The retribution theory.
- The deterrence theory models.
- Conclusion.
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