Principles of Punishment

Question 1

Utilitarianism

Answer 1

what punishment will benefit the most people? works to discourage future harms -> punishment serves a useful purpose if it deters that action for the public
forward thinking approach - prevention vs reaction

Question 2

retributivism

Answer 2

what punishment will render the harm for the action the best? unforgiving -> if you did the action, you will pay for the action regardless of the victim’s harm
backwards thinking approach - responding to an action previously done

Question 3

Jeremy Bentham

Answer 3

philosopher who said it is the government’s job to protect people. the law serves to augment the happiness of our society and we should punish whatever is against this. created utilitarianism
said you should not punish if punishment is: groundless, ineffective, not profitable, and/or needless

Question 4

Immanuel Kant

Answer 4

philosopher who created the “just desserts theory”. says the severity of the crime should match the severity of the punishment and that bad behavior itself cannot go unpunished

Question 5

positive retributivism

Answer 5

we punish people because they deserve it and they deserve as much of it as possible

Question 6

negative retributivism

Answer 6

only should punish if punishment itself means less crime

Question 7

4 pillars of deterrance (utilitarianism)

Answer 7

1. general deterrance
2. individual deterrance
3. incapacitation
4. rehabilitation

Question 8

general deterrence

Answer 8

association between an act and punishment. knowing you will be punished means you will not do the crime

Question 9

individual deterrence

Answer 9

instilling fear in an offender of recommitting an offense. can give a more severe punishment if warranted

Question 10

incapacitation

Answer 10

taking a criminal out of circulation and they cannot cause societal harm

Question 11

rehabilitation

Answer 11

helping criminals return to society as reformed citizens through education, therapy, or other means. reduces recidivism