Theories of Punishment

Question 1

Consequentialism

Answer 1

The consequentialist believes that actions are morally right if, and only if, they result in desirable consequences.

Utilitarianism is the primary consequentialist theory of punishment.

Question 2

Utilitarianism

Answer 2

Utilitarianism is the primary consequentialist theory of punishment.

In short, utilitarians favor punishments that deter crimes.

Question 3

Bentham (Utilitarian) on punishment

Answer 3

Do not punish when it is “groundless,” “inefficacious,” “unprofitable,” or “needless.”

Question 4

4 utilitarian arguments for punishment

Answer 4

**General Deterrence **- The threat of punishment deters a population from acting

Individual Deterrence - A punishment decreases the likelihood an individual will commit an offense again, e.g., a harsh sentence on a young person to “teach” them not to commit a crime again

Incapacitation - The punishment removes a “bad” person from society

Reform/Rehabilitation - The punishment transforms the person

Question 5

Nonconsequentialist/Retributivist

Answer 5

The nonconsequentialist, in contrast, believes that actions are morally right or wrong in themselves, regardless of the consequences. The primary nonconsequentialist theory of punishment is called retributivism.

Retributivists typically look backwards at the harm caused by the crime and attempt to calibrate the punishment to the crime.

Question 6

Components of a Crime

Answer 6

1. Actus Reus
2. Mens Rea
3. Elements fulfilled
4. No defenses

Question 7

Abolitionism

Answer 7

1. identifies the dehumanization and racial degradation of incarceration and policing.
2. oriented toward displacing criminal law as a primary regulatory framework and replacing it with other social regulatory forms,
3. May attempt to produce discomfort and shame in carrying out criminal punishment
4. Looks to individuals and communities to solve problems typically assigned to the criminal system.