...Punishment In Criminal Justice CRJ 301 Juvenile Justice Iesia Mitchell Instructor: Diane Williams April 30 2012 Punishment In Criminal Justice CRJ 301 Juvenile Justice Iesia Mitchell Instructor: Diane Williams April 30 2012 | | There are five general aims or functions or justifications of punishment. The first being Deterrence There is a belief that punishment for crime can deter people from offending. There are two forms where deterrence is concerned with punishing an individual offender in the expectation that he will not offend again, and General deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment if they are caught. There is also the theory that criminal laws are passed with well-defined punishments to discourage individual criminal defendants from becoming repeat offenders and to discourage others in society from engaging in similar criminal activity. Deterrence is one of the primary objects of the Criminal Law. Its primary goal is to discourage members of society from committing criminal acts out of fear of punishment. The most powerful deterrent would be a criminal justice system that guaranteed with certainty that all persons who broke the law would be apprehended, convicted, and punished, and would receive no personal benefit from their wrongdoing this aim is effective by long prison sentence and heavy fines (Criminal Deterrence and Sentence Severity, 1999). ...
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... I will give my personal opinion on whether I think there are better solutions to the current parole process, probation system, and the community corrections options. Rehabilitation Rehabilitation is a form of punishment that really started to develop in 1945. This was the era known for using treatment, therapies, and education for criminals. Rehabilitation is act of restoring criminals to a proper state so they can be an active participant in society upon release from prison. According to “Wikipedia” (2013), “The assumption of rehabilitation is that people are not permanently criminal and that it is possible to restore a criminal to a useful life, to a life in which they contribute to themselves and to society” (para. 1). This is very important for criminals that are mentally ill, or have some medical issues. Sometimes criminals need treatment and education to assist them with getting and staying on the right path. A path for success and renovation. Parole Parole is an extension of a criminal’s punishment. Parole allows a prisoner to escape from the walls of prison into the civilian world while participating in some form of community service as a condition of their parole. Parole, according to “Bureau of Justice Statistics” (2014), “Refers to criminal offenders who are conditionally released from prison to serve the remaining portion of...
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...) The reason is because most civil wrongs have to do with damages such as injuries or economic losses which might requires just compensation for the damages, whereas with criminal wrongs, the damages can involve dead or physical harm and with such cases, the liability assigned will be in order to punish the defendant severely so that the defendant will never commit such wrong again. I do believe a wrong doer should be punish for both civil and criminal wrongs for the same wrong doing only if she is found guilty of committing both crimes beyond a reasonable doubt. Secondly, with regards to the negligence per se doctrine, which permits a wrong doer to be automatically liable for committing both civil and criminal crimes, this wrong doer in question should be punish for both crimes because she might not feel the pains of the punishment if she is asked to pay only for compensatory damages. However, if this wrong doer is also convicted of criminal charges which is a more severe punishment, it will be hard for the wrong doer to commit the same act in the future....
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...Criminal Defenses and Criminal Punishments Evelyn Diaz Strayer University LEG 320 Criminal Law Prof. Stratis-Malak May 23rd, 2014 Criminal Defenses and Criminal Punishments When determining if the use of force is lawful or justified by the court, various key points involved would have to be evaluated before deciding whether or not the use of force was warranted. Depending on the state statue, for example, if someone uses a Self-Defense and the Defense of Others approach in a court of law, the court would need to take into account three important key points that need to be involved. One being, if the act done by the other person was unlawful, if so, then it would be considered justified; secondly, if the act or force was immediate and necessary to defend yourself; and lastly, if the circumstances were reasonable enough to warrant the amount of force applied in the act. When determining the reasonableness of force used, one would have to take into account the relationship of those involved along with their size and age, and whether the assault was aggressive, and the type of weapon used (Gardner, & Anderson, 2012). Another approach to take when determining lawfulness of the use of force would be, the use of Deadly Force in a Self-Defense or the Defense of Others, would be the Stand Your Ground Law, a Florida Statute, that if and when a person feels that they are in fear of their life, and believe that they are in danger, then they have the right to defend themselves...
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...Utilitarian And Kantian Concept Of Punishment Print this Table of Contents S. No. | Content | Page No. | | Introduction | 3. | | Research Methodology | 4. | | Chapter 1: Utility of Punishment | 6. | | Chapter 2: Retributive Justice And Legitimacy | 10. | | Chapter 3: Can Capital Punishment Be Justified | 13 | | Chapter 4: Finding A Middle Way | 15. | | Conclusion | 17. | | Bibliography | 18. | Introduction Punishment entails the intentional infliction of pain or some type of deprivation in an institutionalized form that individuals would generally prefer to avoid. This requires justification to be morally acceptable. Attempts to provide justification for infliction of punishment are made by various punishment theories. Punishment theories generally can be separated into a handful of philosophical camps—consequentialist theories, non-consequentialist theories, and mixed (or hybrid) theories that contain both consequentialist and non-consequentialist elements. What distinguishes these theories is their focus and goals: Consequentialist theories are forward-looking, concerned with the future consequences of punishment; non-consequentialist theories are backward-looking, interested solely in past acts and mental states; and mixed theories are both forward- and backward-looking, with each hybrid placing a different emphasis on culpable past conduct versus future consequences. The present paper will briefly examine the two dominant consequentialist and...
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...J. Fletcher March 25, 2014 Punishment and Its Purpose As long as intelligent beings have existed, there have been wrongdoings and retaliation of some sorts for those wrongdoings. As human beings came together and formed tribes, villages, towns, cities, etc., the society within each of those set rules and a standard of fairness in punishment, for all to live by, which is based on what they felt was the best consequences possible. Punishment comes in two forms: Retribution (backward-looking) and rehabilitation (forward-looking). In giving out punishment, we should always strive for what can bring the greatest good and least bad for a society. Forward looking punishment presents the greatest good and least bad for a society. Therefore forward looking punishment should be the preferred method of punishment. Before we explore this idea further, we must solidify what it means when we say punishment. One situation that we could safely label as punishment is a case of a person sent to prison by a government for a crime of breaking a law or rule set by society. On the opposite side, we could take a person that goes about life in a lawful manner, never being incarcerated, as a clear case of non-punishment. Now suppose we take this situation: If someone murders an innocent person, and then is immediately struck by a bolt of lightning, have they been punished? Without entertaining any theories of karma, punishment by a deity, or anything outside of time & space, I suppose this...
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...Criminal Nonsupport and Child Support Parents have a legal obligation to provide support for their children and failure to provide such support is considered a crime against the state, generally known as criminal nonsupport. Criminal nonsupport statutes exist, in some form, in all 50 states. The severity of the punishments range from misdemeanors with small fines and short jail sentences to felonies with high fines and lengthy prison terms. While the elements of the statutes vary from state to state, generally a state must prove that (1) the defendant acted knowingly or intentionally; and (2) the defendant failed to provide support. A non-custodial parent faces several penalties if he or she fails to make scheduled, regular child support payments. Here are a few examples of penalties associated with child support non-payment: Driver's License Suspension, Inability to Obtain a Passport, Imprisonment, Wage Garnishment. Military single parents who fail to pay child support face severe penalties for child support non payment. However, the penalties differ for military single parents versus civilian parents. One potential penalty for military single parents is dismissal from military service. If a non-custodial parent, charged with child support non-payment, moves to a different state to avoid child support payments, he or she may be be convicted of a federal offense under the Deadbeat Parents Punishment Act. In order to secure a conviction under the Deadbeat Parents Punishment...
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...Punishment is a component of operant conditioning used to decrease the probability of a behavior or response by causing a change in the environment (Singer, B.F. 1970). This essay will discuss aspects of punishment such as methodology, effectiveness and its effects on behavior. It will review the effectiveness of punishment methodology by studying the variables such as age, gender, socio-economic status and exposure to crime. In the direct context of speeding, contemporary punishment includes ‘positive punishment’ whereby giving the offender a fine and ‘negative punishment’ by suspension of their license. This essay will also assess the effectiveness of punishment. Attempts to neutralize the issue of speeding include implementing warnings showing the severity and consequences of speeding. However, many young irresponsible drivers cannot relate to the seriousness by influence of their peers whom they value higher than authority figures of the law. Golias, J., Kanellaidis, G., & Zarifopoulos. K. (1995) shows that the major reason for speeding is the belief that speed limits are unreliable with a mean grade of 6.67 thus; this supports the idea that people do not perceive road authorities as an influential figure. At a younger age, influential figures are not ones that are necessarily responsible, but they appeal to them in anintrinsic way. In many cultures, speeding is acceptable; growing with this idea leads many drivers to have a habit of speeding (Blincoe, K.M., Jones, A...
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...Expectations of an Ingroup: interactions within ingroups and how they punish deviant members Abstract Ingroup and outgroups in society view punishment of members differently, ingroups especially. The variables in this study were the group in which the offender belonged to and the writing task. In the study there were 6 male and 27 female psychology students they participated to aid in writing their research paper. Participants read a fictional scenario and were then asked to determine a fine and answer four questions that judged fairness and justice. The hypothesis was that the ingroup would judge deviant ingroup members higher on a retributive justice scale and give them a higher fine. The results of this study showed that when it came to justice the ingroup rated deviant ingroup members lower then the outgroup but created a higher fine. Expectations of an Ingroup: interactions within ingroups and how they punish deviant members In society people are divided into two groups the ingroup and the outgroup both Social Identity Theory and the Black Sheep Effect deal with the idea of these two types of groups. Social Identity Theory is the expectation the ingroup offenders would be treated less harsh than outgroup offenders (Gollwitzer & Keller, 2010). While the Black Sheep Effect states that people see unlikable ingroup members more adversely than unlikeable outgroup members (van Prooijen & Lam, 2007). The theory that these two support is that ingroup members judge deviant...
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...Shame Is Worth a Try The argumentative Shame Is Worth a Try written by Dan M. Kahan is his point of view about shaming the public rather than sending useless harmful persons to jail. This article explains to readers about different shaming punishments and the way you perform these punishments. Also, Kahan discusses the courts choices and the way they see punishment by shaming. Kahan does a good job explaining and arguing the reasons behind why shaming is both good and bad. He explains the point of views from both liberal and conservative reformers. None the less the tone he uses, the diction he presents, and the example choices keep us wanting to know more. Kahan argues in favor of the use of shame as a punishment that is, “an effective, cheap, and humane alternative to imprisonment.” He tells us to think about the times when we were punished as children, and who punished us: teachers, parents or other authority figures. What kinds of bad behavior were we punished for? What type of punishment worked best to deter you from changing your ways? You may not remember everything from an incident but do you recall being ashamed and bashed in front of other people? The tone he chooses to get the point across is both sarcastic/funny and meaningful. He oddly adds phrases here and there to further the argument by using a stern tone to explain his seriousness. His quotes, that include different shaming requirements by law, help us better understand the circumstances in which shaming...
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...In 1786 a 12 year old Indian girl gets hung for being accused of killing a daughter from a prominent white family (hopkins) juveniles have been taking advantage because of the things they are accused of most juveniles do not even know their amendments so they're not protected by them either. Juveniles under the age of eighteen should not be tried as an adult because a prison is not parenting any child, some of the punishments are too harsh, and because of their immature brains. Prison is not a place where juveniles will actually get to learn things like people expect them to. It does not provide help like a parent would. Most juveniles commit crimes because they are probably neglected or do not have a parent role model there for them. Any role model could do so much for an adolescent because they follow the steps of that person. Young offenders often end up isolated from society because of this they choose to do foolish things. The foolish things some end up doing are joining gangs, committing robberies and doing drugs. A prison is not going to help as much with those issues. A gang member still has a connection to the outside world so them changing is a bad bit Unlikely. Prisons can not change juveniles like people think they should. If prisons help so much why are there second offers? Most juvenile offenders become second offenders because...
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...The Consumers’ Right Protection Act, 2009 (Act No. 26 of 2009) 6th April, 2009 An Act to make provisions for the protection of the rights of the consumers, prevention of anti-consumer right practices and for matters connected therewith. Whereas it is expedient and necessary to make provisions for the protection of the rights of the consumers, prevention of anti-consumer right practices and for matters connected therewith; It is hereby enacted as follows Chapter I Preliminary 1. Short title and commencement: (1) This Act may be called the Consumers’ Right Protection Act, 2009. (2) It shall come into force at once. 2. Definitions: In this Act, unless there is anything repugnant in the subject or context- (1) “Directorate” means the Directorate of National Consumers’ Right Protection established under section 18; (2) “Complaint” means any allegation made in writing by a complainant to the Director General against any seller for any anti-consumer right practice under this Act. (3) “Complainant” means the following person or persons who make any complaint under this Act, namely: (a) any consumer; (b) one or more consumers having same interest; (c) any consumer association registered under any Act; ...
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...re-offending. Discuss ways of dealing with the problem of recidivism, refer to the views outlined above in your answer. (12) Custodial sentencing is the imposing of a punishment, consisting of mandatory custody of the convict, either in prison (Incarceration) or in some other closed therapeutic/reducational institution. As recidivism refers to the re-offending rate, critics argue that custodial sentencing does not work and cite high recidivism rates as evidence for this. This is due to official statistics showing that 70% of offenders re-offend after custodial sentencing within 2 years of release, which consequently shows that prison may not be the solution. Even with high recidivism rates, custodial sentences might stop more crime than noncustodial sentences. These findings are inconsistent with prisons as a powerful specific deterrent (dwelling on actions/message goes out to the public) and high recidivism rates suggest that many offenders simply are not moved by imprisonment enough to stay out of trouble. On the other hand however, custodial sentencing has been proven to be a good solution as it has been found that not every type of offender re-offends, sex offenders have been found less likely to offend again, in contrast to those imprisoned for theft. Prisons have been shown to have negative effects on the criminals however, so can it really be deemed a good solution. Evidence for this comes from Zimbardo's experiment, whereby the psychological effects of imprisonment where investigated...
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..."Pros And Cons Of Prison Privatization" Prisons are institutions that have specifically been designed to handle the members of the society who are under conviction of different crimes. The people who reside in the prisons are referred to as inmates or prisoners and the time they spend in the prisons depends on the imprisonment period. This period is dependent of the intensity of the crime committed. Once in the prisons, the inmates undergo rehabilitation, incapacitation, retribution and deterrence which are elements considered appropriate for the provision of justice to the society. In the past, it has been the responsibility of the government to manage these institutions on behalf of the society. The process of privatizing the prison industry has both negative and positive effects. Sloane, 1996). Privatization has been applied in prison departments in most countries across the globe, there are few countries who used it in the past. For example during the mid 18th century, the United States government entered into a treaty with a number of private investors to manage a number of its institutions and these investors went ahead to contract inmates to some of their private enterprises as a source of labor. Some of the institutions that were contracted included 'New York Auburn and Louisiana' penal colonies. However, this did not last for long based on the fact that there was rampant corruption that was carried out as well as vicious resistance from other...
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...release and prevent their return to jail again. This article analyses this concept and measure its effectiveness and compare it with the US panel system. Norway Prisons Norway is a Scandinavian country, well known with its unique geography and peaceful population. It has the most human prisons in the world. The Norway panel system is unique in several aspects. It is unique in its aim and implementation and most notably in its results. The main objective of the Norwegian panel system is to reduce the probability of the prisoner to return back in jail. Prisons or Resorts Although this aim is targeted in almost all countries worldwide, its implementation in Norway is distinctive. The prison is a rehabilitation organization rather than punishment place. If anyone visits him Halden or the Balstoy prisons, he/she will think that it’s a touristic resort for relaxation. First, there are no bars on windows, accommodation is in dormitory-style rooms prepared to for the reception of family relative of the prisoners. Secondly, the facilities exist everywhere such as cooking academy style in kitchen, gym equipment, and many others. Also, modern televisions and internet access available for prisoners (Sterbenz, 2014). It is not only about facilities, but more impressive from the staff of the prison. Most surprisingly, they don’t carry any weapons, and periodically, share meals and activities with inmates. They are keen to make a family environment for the prisoners, and consider them as...
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