Punishment Flashcards
6 characteristics of punishment
- performed by, and directed at, agents who are responsible in some sense
- involves “designedly” harmful or unpleasant consequences
- unpleasant consequences usually are “preceded by a judgment of condemnation
- imposed by one of authority
- imposed for a breach of established rule of behavior
- imposed on actual supposed violator of the rule
What are the 2 theories of punishment
retributive and utilitarian
what is retributive theory of punishment
view that punishment is justified because people deserve it
what is utilitarian theory of punishment
view that justification for punishment lies in the purposes it serves
what are the beneficial consequences utilitarians think are most important
general deterrence
individual deterrence
incapacitation/risk management
reform
when do utilitarians believe punishment should NOT be inflicted
when it is groundless, ineffective, unprofitable or too expensive, and where it’s needless
utilitarians say (?) is the goal of punishment
to offset pleasure, not to create pain
what does “lex talionis” mean
an eye for an eye
what is positive retributivism
view that desert is a condition both necessary and sufficient to justify punishment
what is desert
moral culpability
what is negative retributivism
view that a person can legitimately be punished only if he commits a crime, only in proportion to that crime, and only if doing so would produce a world with less crime
hybrid/mixed theory punishment
negative retributivism never approves more punishment than is deserved, even if utilitarian goals may justify it.
what is “poena forensis”
judicial or juridicial punishment
what is “poena naturalis”
natural punishment
