Punishment

Question 1

Describe the philosophical rationales for punishment

Answer 1

1. Retributivism - Punishment because a person deserves punishment; Backwards-looking
2. Utilitarianism: Rehabilitation - Punishment to fix a person’s character defect; Forwards-looking
3. Utilitarianism: Incapacitation - Punishment to prevent a person from committing crimes; Forward-looking
4. Utilitarianism: Specific Deterrence - Punishment to prevent this person from committing future crimes; Forward-looking
5. Utilitarianism: General Deterrence - Punishment to prevent others in society from committing future crimes; Forward-looking

Question 2

What are common types of punishments

Answer 2

1. Monetary
2. Imprisonment
3. Other (community service, shaming)

Question 3

Describe the “Evolving Standards of Decency”

Answer 3

8th Amendment is a dynamic concept that changes over time. Evolving Standards of Decency evaluates:
1. Historical practice
2. Current societal consensus
3. Court’s independent judgment

Question 4

Describe the three broad categories of constraints on punishment

Answer 4

1. Pragmatic constraints (e.g., politicization, economic)
2. Principled constraints (e.g., rationales, graduated punishment)
3. Proportionality (per 8th Amendment)

Question 5

Define “graduated punishment”

Answer 5

Series of increasing punishment (to create incentive)
EX: If kidnapping were punishable by death, there would be no incentive to keep the victim alive