Punishment Theories + In Action

Question 1

Specific Deterrence

Answer 1

Punishing an individual deters them from repeating crimes, reducing future violations.
-More severe punishment of repeat offenders since first penalty was ineffective.

Question 2

General Deterrence

Answer 2

Seeing others being punished for crimes deters an individual from committing crimes.

Question 3

Retribution

Answer 3

Punishment to make the criminal suffer proportionately to the suffering he caused.
- Eye for an Eye.

Question 4

Rehabilitation

Answer 4

Punishment providing the criminal the opportunity to change his behavior to conform with societal norms.

Question 5

Factors in determining punishment

Answer 5

-Nature of the crime
-Nature of the criminal
-History of the criminal
-Impact of the crime
-Society’s interest

Question 6

Proportionality

Answer 6

the notion that the punishment should fit the crime.
- A punishment is excessive and unconstitutional if it:
-> makes no measurable contribution to acceptable goals of punishment, or is grossly out of proportion to the severity of the crime.

Question 7

8th Amendment

Answer 7

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
-> applies to the nature and length of punishments.

Question 8

Factors to consider for Proportionality

Answer 8

• The gravity of the offense
• Harshness of the penalty
  -The sentences imposed on other criminals in the same jurisdiction
  -The sentences imposed for commission of the same crime in other jurisdictions.