Theories of Punishment

Question 1

Rehabilitation

Answer 1

• Offenders can turn into non offenders by taking away their desire
  Goal: to help and give the resources they need so they don’t reoffend and can maximize their potential
  ex: medical, religious, education

Question 2

Deterrence

Answer 2

Specific for individual or general
Goal: to prevent criminal activity by discouraging it (for public policy reasons) “make an example”
ex: observing others being punished for criminal acts

Question 3

Incapacitation

Answer 3

• restricting the liberties of the defendant, not to harm them for their moral wrong, but to safeguard community from harms they cause
  Goal: to safeguard the community
  Ex: home confinement, probation, parole, sex offenders registration

Question 4

Retribution

Answer 4

• believes person who does wrongful act deserves punishment for that moral wrongdoing even if it serves no greater purpose
  Goal: to punish or inflict revenge on offenders

Question 5

Utilitarian Approach

Answer 5

• argues that punishment itself is evil because it deliberately harms another human being
  Goals: if we can reduce crime, we can reduce the harm it causes. What good can come out of punishment? Only wants to punish to deter wrongdoing in the future

Question 6

Abolitionist

Answer 6

• opposed to all forms of punishment
  Goal: to replace institutions with community solidarity and finding ways within community to keep people from committing crimes

Question 7

Restorative Justice

Answer 7

• determines what repair means to them
• gives “responsible person” chance to learn, apologize, make things right
• requires consent of victim

Question 8

Collateral Consequences

Answer 8

(from charging, criminal process, sentencing)
charging: loss of employment, stigma, mental health struggles
processing: loss of employment, loss of enjoyment of life
sentencing: loss of employment, loss of rights, familial concerns