Punishment and Theory

Question 1

Utilitarianism

Answer 1

We are justified in punishing because and only because of its net-positive effect on the world.

Question 2

Utilitarianism: Specific Deterrence

Answer 2

The actual imposition of punishment creates fear in the offender that if he repeats his act, he will be punished again.

Question 3

Utilitarianism: General Deterrence

Answer 3

Punishment deters the public from committing crimes, thereby reducing harm in the world.

Question 4

Utilitarianism: Incapacitation

Answer 4

Imprisonment temporarily puts convicted criminals out of general circulation, and the death penalty does so permanently.

Question 5

Utilitarianism: Reform

Answer 5

Punishment may help to reform the criminal so that he doesn’t want to commit crimes, and perhaps so that he can be a happier, more useful person.

Question 6

How much punishment? Utilitarianism.

Answer 6

Optimal punishment is determined on a case-by-case basis and may be different for each utilitarian theory.

Question 7

Retributivism

Answer 7

We are justified in punishing simply because the criminal deserves it. We may even have a duty to punish.

Question 8

How much punishment? Retributivism

Answer 8

Look at harm caused x culpability.