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Punishment Philosphy Paper

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Punishment Philosophy Paper

Amanda Robertson


Mrs. Kathy Holder

Punishment Philosophy Paper

Punishment philosophy has been studied for centuries for it plays a huge factor in criminal justice and the reform of the offenders when entering back into society. Obviously there are many different forms of punishment that an offender can face after being convicted off a crime. The punishment philosophy studies areas of incarceration rehabilitation, and whether or not these punishments hold any type of deterrence from committing crimes again. Punishment philosophy and its effects on the post-conviction process There are specific types of punishment which are deterrence, incapacitation, rehabilitation, and retribution. Deterrence is largely used throughout the community and has effects on offenders by deterring them to not re-commit a crime out of fear of facing the same consequence. It also affects the community for when people hear of the punishments one may face for committing a crime, or when a judge makes an example out of a criminal by giving the max penalty, it can deter the community from committing such a crime. Incapacitation is when offenders commit a crime and are then are incarcerated in prison, losing their freedom, their rights, and many then having a criminal record which will in many cases unless pardoned or expunged follow them for life. Rehabilitation is used as a way to in other words give the offender a chance to not serve prison time, for the judge or jury may feel that the prisoner will have a better chance at change by either going into a rehab for a drug conviction or even going on probation or early release on parole. Many times this form of punishment is also used because of the overcrowding of the prison system. Lastly, retribution is a punishment where an offender may for example commited a robbery, or larceny, and the judge sees it fit to have the offender repay the victim back, as well as do community service, or some type of pay back to the community as well as the victim like mentioned. The affects that these punishments have on the post-conviction process is that for one it offers deterrence to the fact that it is obvious that if you commit a crime you be punished. There are more serious punishments like life in prison and even the death sentence in many states, but mostly these punishments have pros and cons. These punishments are sanctions that give the offender a way out of the life a crime. The great thing about the United States Criminal Justice System is that there is so much help out there. Our government offers state insurance to unemployed criminals, even if they are convicted felons, allowing them the ability to get physiological help, counseling. Many crimes are committed simply to support drug addictions and America is filled with meeting everywhere that offer Alcoholic and Narcotic Anonymous Groups that are confidential and often ordered as a plan for rehabilitation. These sanctions are in many cases ways to give an offender a second chance at a new life. Probation is when an offender is either given a suspended sentence with probation and this gives the offender the chance to prove to his/her probation officer that they can be law abiding citizens while being monitored in the community. I do believe that incarceration is not always the best bet for there are innocent men and woman behind bars but no system is perfect. If these punishment sanctions were not put into place this world would not be as safe of a place as it is now. The basic law is “If you do the crime, you do the time!” This country is home of the free and we are given many opportunities to succeed in this country. There is no need for a person to take the road to crime, but if they do they need to know that they will face the consequences.

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