Punishment

Question 1

what is punishment?

Answer 1

the act of inflicting suffering on a person in response to some offence.

Question 2

who may carry out punishment?

Answer 2

those who are authorised to give punishments where the deprivation is imposed as a consequence of being found guilty of an offence

Question 3

explain Rousseau’s social contract

Answer 3

we give our natural rights to the state in the form of a social contract. we sacrifice some of our individual freedoms to the state in order to receive social benefits and protection.

Question 4

what does punishment involve?

Answer 4

the intentional and avoidable harm of someone

Question 5

what did Bentham believe about punishment?

Answer 5

“all punishment in itself is evil.” he believed it should only be admitted if it excludes a greater evil

Question 6

what is retribution?

Answer 6

the idea that we are morally justified in punishing offenders because it is what they deserve

Question 7

who supported retribution and why?

Answer 7

Kant, because he thought the wrong action always had to be punished, we are morally compelled to punish

Question 8

what is strong retributivism?

Answer 8

the view that those who offend should be punished and we always have to punish since we are obliged to because it is morally right

Question 9

what is weak retributivism?

Answer 9

the view that those who are guilty could be punished, it is morally permissible

Question 10

who put forward the principle of desert and what is it?

Answer 10

Rachel - people deserve to be treated the same way as they treat others. those who treat others well should be treated well and those who treat others badly should be treated badly

Question 11

what are Rachels justifications for his principle of desert?

Answer 11

• this sort of punishment gives us the power to determines our own fate, however does treating people good or bad really help secure our ends?
• the offended deserves to be punished since they have incurred a debt to society that needs to be repaid. the law abiding citizen forgoes certain freedoms and the criminal exploits this so should be punished

Question 12

the principle of desert holds that criminals should be punished based on what they get out of a crime, why could this be unfair?

Answer 12

it seems wrong that a thief be punished more harshly than a murderer just because they got more out of the crime. it may make more sense to punish in proportion to seriousness

Question 13

what are the advantages of the principle of desert?

Answer 13

it holds:

• only the guilty should be punished
• it believes in equal treatment, same punishment for the same crime
• it works in proportionality even if it is flawed in punishing in proportion to what the criminal gains

Question 14

who argues that “punishment is an indispensable sacrifice to the common safety.”

Answer 14

Bentham

Question 15

what is the purpose of deterrence?

Answer 15

to send out a message to the community that such acts are unacceptable and so deter potential criminals

Question 16

how does deterrence incapacitate offenders?

Answer 16

they are unable to pursue crimes while in prison, but even if not incapacitated the offender may be deterred from acting that way in the future

Question 17

bentham believed in the principle of proportionality, what is this?

Answer 17

the punishment must fit the crime and the evils of punishment must be outweighed by the benefits the punishment brings.

Question 18

why does Kant see deterrence as unacceptable and why may he be wrong?

Answer 18

it treats people as an end in themselves and not as a means to an end so punishment as a deterrent is unacceptable.
arguably however, it treats prisoners as an end in themselves as it hopes to deter them from future crime

Question 19

what is rehabilitation?

Answer 19

the primary aim of punishment should be to rehabilitate offenders