Principles of Punishment

Question 1

Punishment

Answer 1

sanction against a person who violated the law involving pain or deprivation that people would wish to avoid

Question 2

Deterrence

Answer 2

Act or process of discouraging certain behavior particularly by fear of punishment

Question 3

General Deterrence

Answer 3

discouragement of the general public to commit crime to lower future violations

Question 4

Specific Deterrence

Answer 4

Imposition of punishment creates fear in offender that he will be punished again if his behavior is to be repeated

Question 5

Types of Justifications

Answer 5

• Retribution
• Rehabilitation
• Incapacitation
• Denunciation

Question 6

Retribution

Answer 6

Punishment imposed on basis of what is justly deserved; it is imposed to restore the equilibrium of the common good that was disturbed by the offender’s unjust exercise of liberty

Question 7

Rehabilitation

Answer 7

The process of seeking to improve a criminals character and outlook so that he can function in society without committing other crimes; set on improving the productivity of the criminal in society

Question 8

Incapacitation

Answer 8

Punishment that. Physically prevents a criminal from acting upon a destructive tendency and committing other crimes

Question 9

Denunciation

Answer 9

Those who disobey criminal laws should be held up to the rest of society and denounced as violators of the rules that define what the society represents

Question 10

Justifications Of Punishment

Question 11

Retributivism

Answer 11

states a person who commits a crime deserves punishment for committing the crime; imposes punishment that is justly deserved, requires guilt, and is proportional.

a. Requires GUILT and punishment must be PROPORTIONAL
b. Deserved because they exercised their free will

Question 12

Utilitarianism

Answer 12

applies punishment when benefits outweigh the detriments; four justifications:

1. Gen. Deterrence
2. Specific Deterrence
3. Rehabilitation
4. Incapacitations

Question 13

Cost Benefit Calculation

Answer 13

Punishment is justified if it achieves an overall good and the improvement to society outweighs the harm done to defendant

Question 14

Rationale

Answer 14

people react to actual and anticipated pleasure and pain  punishment is justified only if it avoids a greater evil

Question 15

Proportionality in Punishment

Answer 15

Proportionality is measure absolutely and relatively
Absolute: commensurate with the crime
Relative: out of line with how others are punished for
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