Punishment-justification Flashcards
what are the 2 justifications for punishment
retributive
ulitarian
what is retributive punishment
the aim is to satisfy society’s desire for 2 things
what 2 things does retributive punishment aim to satisfy?
1) revenge-so the individuals harmed do not feel the need to result to vigilantism
2) making amends to cancel out the offence since restitution cannot be exacted by the victim
what is lex talionis
the law of retaliation, a punishment resembles the offence committed in degree.
Ulitarian; rehabilitation
focuses on the individual rather than harm caused to the victim
The rehabilitative ideal-before 1970s, what was the purpose of the ideal
was to encourage and assist them to lead a good and useful life
what about the rehabilitative ideal today?
Individualising prisoners and discouraging their involvement in the prisoner social world, the institution can force shape all aspects of prison culture
Ulitarian; what is incapacitation
denying the criminals the freedom to commit more crimes
what does incapacitation look at?
predicted risk to the protection of potential vicims
is incapacitation ethical
should predictions lead to guide to prosecution and sentencing?
what is deterrence?
using threat of punishment to reduce likelihood of committing another cime
what 3 things in deterrence based upon?
crime occurs as an act of free will
individuals consider consequences of their acts
regards prison sentence as undesirable
what are the 2 types of deterence
specific
general
what is specific deterence
based on specific individual deterence
what is general deterence
inducing others to commit this offence not to do so
