Punishment Philosophies In The Criminal Justice System

Punishment Philosophies In The Criminal Justice System
Philosophies is a definitions of punishment and there are five punishment philosophies that used in
the criminal justice system, retribution, deterrence, rehabilitation and incapacitation that include
isolation. These purpose of these goals are to prevent criminal offenses from committing crimes
according to (Meyer, 2003)
The concept of retribution is generated if someone commit a crime that very bad and people are
afraid to speak out because of fear of retribution. The retributive theory is punishing the offender by
taking away their advantage that they might have gained from their criminal or illegal actions. Due
to this theory offenders deserve to be punished for the wrongful acts they have committed. (Meyer,
2003)
Deterrence is the theory individuals make rational choices when they choose to commit ... Show
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It is one of the main goals or philosophies of corrections. It would help develop occupational skills
and to resolve psychological problems. Psychologists provide services special programs screening
new inmates for mental illness to providing group therapy and crisis counseling. (Benson, 2003)
Incapacitation is usually placed in two approaches collective incapacitation where all people receive
the sentence or selective incapacitation where individualized sentences based on criminal activity of
the offender crime. With this theory removing violent offender from society by imprisonment with
any kind of physically restrain from victimizing others. For the most part the best way to prevent
crimes is to isolated offender from committing further crimes against the population or other
prisoner.
Sanctions are also a form of punishment philosophy and impact the criminal justice system.
Sanction must be defined by coded and law in order for a judge or sentencing agent to be able to
enforce it .this theory can be used as a serious capital punishment , incarceration, or severe
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Capital Punishment And The Death Penalty
Capital punishment, or the death penalty, is a legal sentence for the convicted to be put to death for
their criminal behavior. How the convicted criminal is executed varies from state to state. I do not
believe that the death penalty is justifiable in almost any instance, if any. Throughout this class, I
have read and experienced confusion on my opinion of whether capital punishment can be
justifiable. If there was an absolute 100% belief and proof of guilt for the most serious of crimes
(murder. rape, etc.), I would agree with the punishment of death. However, this is not the case most
of the time. Research indicates that roughly 4% of the people on death row were wrongfully
convicted, and at least one in twenty–five people on death row in the United States would be
exonerated if given enough time. Many factors arise that deserve attention with regards to capital
punishment that I see prove that it is an invalid, and unnecessary punishment.. Deterrence always
come to mind with thinking about the death penalty, and has much controversy. Research indicates
that the effect of capital punishment for a crime is not informative about whether capital punishment
decreases, increases, or has no effect on the crime rate. I personally believe that capital punishment
is a deterrent for others from committing similar crimes. According to a study published in the
Journal of Criminal Law and Criminology, 88% of the country's top criminologists do not believe
the death penalty acts a

Incapacitation Theory: Is It Better To Lock-Up?
Incapacitation Theory is described to be the theory of Locking Up The Wicked. The Incapacitation
Theory assumes that if we lock up every person that commits a crime and throw away the key, then
it would be a better world with less criminals on the streets. But would it be better to lock up all the
predators out there? Or would it cost America more to keep them locked up? Within the
Incapacitation Theory there are two main points which are Selective Incapacitation and Collective
Incapacitation. Selective Incapacitation is when the court system makes an attempt to determine
which criminals are going to continue to commit crimes and to keep them locked up. Collective
Incapacitation is used to describe locking up all criminals who commit certain

The Lack Of A Pilot Is Avoiding Medical Incapacitation
Soaring high above the ground in an aircraft is a freeing experience that comes with many dangers
and precautions. These hazards are rarely due to structural or technological failures. Instead the
greatest challenge to a pilot is avoiding medical incapacitation, while effectively and efficiently
employing the aircraft. These situations rear their head without warning, and though we're aware of
their presence, they still plague our skies. Spatial disorientation is one of these dangers and "is
defined as the failure to perceive or perceiving incorrectly the position, motion, or attitude of the
aircraft" (Cheung, 2013, p. 1211). The deprivation of visual references such as darkness, fog, haze,
clouds or terrain can cause spatial disorientation. In order to perceive the "position, motion, and
attitude of the aircraft" we require the input of our sensory system to facilitate the identification and
interpretation of our orientation (Cheung, 2013, p. 1211). This is due to our primitive requirement
and capability to orient in an environment. The existence of this ability did not develop to fly
unfortunately, but merely to survive. Yet, the same sensory reactions we depend on for survival in
the aircraft, are those which trigger our fight or flight response.
We are all vulnerable to spatial disorientation, especially in a modern–day setting that encompasses
"moving visual scenes and vehicular motion", which challenge the neutral orientation of the sensory
system (Gresty,

Incarceration: Tough On Crime Policies In The United States
The surge in incarceration rates can be related to punitive get tough on crime policies in the fight
against the soaring crime rates and rapid changes among the people in society. For this reason, there
are some modifications in policies across all divisions within the nation's state and federal
governments. Drop in crime may be due to the rise in incarceration. However, the degree of decline
is unknown, and outcomes of the majority of scientific studies indicate it is not significant.
Researchers posit that with the minimal crime deterrence effects of lengthy prison sentences and the
excessive cost and individual expenses of imprisonment, state and federal criminal justice
politicians should consider changing existing policies to decrease the rate of ... Show more content
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Consequently, elaboration on apprehension and incarceration (federal and state) related to crime
control policies was the cause of a significant rise in both prison population and costs on crime
prevention for three decades that began in the eighties (Schiraldi & Ziedenberg, 2000). The crime
control model that demonstrates corrections policies includes tough–on–crime policies, mandatory
sentences, three–strike laws, and truth in sentencing (Schiraldi & Ziedenberg, 2000).
The theory of incapacitation is that we have the ability to prevent offenders from committing more
crimes. When we incarcerate an offender who commits a crime, they are no longer able to commit
any more crimes in the community. Collective incapacitation is one of two basic approaches that
suggest that we take all offenders who commit crimes and incarcerate them. Selective incapacitation
suggests that we identify those individuals who will commit crimes in the future and place them in
prison which is less expensive if low–risk criminals are not incarcerated, and prison space is not
wasted on short–term

Essay on History of Corrections
History of American Corrections
The corrections system in America began mostly with the arrival of William Penn and his "Great
Law." This was back in 1682; the "Great Law" was based on humane principals and also focused on
hard labor as a punishment. The corrections system really began to take hold in North America in
the late 1700's with the idea's and philosophy of Beccaria, Bentham, and Howard. These
philosophies were based on the thought that prisoners could be treated and reformed back into
society. This hard labor was used as an alternative to other cruel forms of punishments that were
used in earlier times such as physical abuse or even brutal death. In 1790 came the birth of the
Penitentiary in Philadelphia. The ... Show more content on Helpwriting.net ...
"... incapacitation focuses on the characteristics of the offenders instead of the characteristics of the
offenses"(Clear, Cole, Reisig). Rehabilitation is more of a therapeutic method to help the criminal
ditch crime and become a constructive member in society. "Rehabilitation involves teaching inmates
silks and trades that will, hopefully, give them a chance to become law–abiding citizens once they
are released from prison" (Long). This method is looked at as more of a treatment than a
punishment, to guide the criminal to make better choices and live a better life. Restorative or
Community Justice is a fairly new concept. It is aimed more at repairing damages caused by the
crime to the victim(s) and the community involved. In this method the victim lays out conditions for
the offender and what is necessary to help repair any losses. The community provides assistance to
help restore the offender to the community. Some say that this method can be dangerous and
bypasses certain safeguards. The goals of corrections are solid efforts to reduce crime. There are
many improvements that could be made. As we learn and test these methods, they need to be fine
tuned and have the bugs worked out. If something isn't working in the appropriate way it needs to be
addressed and refocused. I think that many of these goals will become weak and maybe overlooked
with the new AB 109 bill and other reforms currently taking place in California

Sentencing Of Sentencing And Sentencing Guidelines
Sentencing is a complicated, and sometimes extremely harsh set of rules. It has very deterrence, and
retribution based set of rules for the most part. Which is indicative of the society we as americans
live in. Through this paper i will explain each type of sentencing guideline. They are Intermediate,
Determinate, Mandatory, Concurrent, and consecutive. Also we will talk about how in some states
mandatory guidelines actually can lower the total prison population. But how in states that are not
resource drive, incapacitation is on the rise. Finally i will convey my thoughts on sentencing. How it
is a flawed and ,mostly broken system.
Sentencing types: The text describes the five main types of sentencing. The first of which is
intermediate sentencing. This type of sentencing is considered to be more in tune with rehabilitation
than other sentencing. This is because the sentence a person serves is not simply based on how many
years a person serves. The book gives a great example to help clarify, "the person shall not be
imprisoned for less than 2 or 3 years to 10 years"(Stohr 73). What this means is that the person does
not necessarily have to serve the maximum of ten years. With good behavior, and by showing that
they have changed they may be released in as little as 2 years. Next there determinate sentencing.
This essentially serve as the opposite of indeterminate. Meaning that the prisoner must serve a fixed
number of years before release. In the

• Explain The Federal Court Structure
a. Explain the federal court structure using your book and the web site listed above. There are three
different tiers within the federal court system. There are only one Supreme Court. It is the highest
court in the United States. The lower courts below the Supreme Court can actually have cases roll
over to the Supreme Court. Then you have U.S. Courts of Appeals. There are thirteen Appellate
courts. The appellate courts deal with making sure the law was applied correctly in trial court.
Appellate court doesn't have a jury all they have is three judges. Then there is District Courts, which
there are ninety–four around the country. They try to resolve disputes between people and try to
figure out which one if right and wrong. Trail courts have

Retribution Deterrence, Incapacitation, And Rehabilitation
Retribution, deterrence, incapacitation, and rehabilitation are all tactics used by the criminal justice
system and its officials, to prevent individuals from committing crimes and combat the behavior of
individuals who have committed crimes. Retribution involves an effort to ensure that an offender's
punishment is equivalent not only with the crime but also with his or her moral blameworthiness and
previous criminal record (Masters). From a Christian point of view, I believe that this is a moral
form of punishment. This form of sentencing is fair, because it takes in consideration the person's
previous criminal record. If a person makes a wrong choice and he or she is apprehended by a police
officer, I don't believe they should be punished ... Show more content on Helpwriting.net ...
People who have committed violent crime or who plan on committing them, need to know that the
ramifications for their actions will be raucous. I would use a rehabilitation approach for drug crimes,
depending on if an individual was using or selling the drugs. If the person was using them, I would
ensure that programs were in place to help move them away from using drugs. Drug manufactures
should receive determinate sentences. When a person sale drugs, he or she ruins the lives of others
and tear families apart. Determinate sentences should be a applied to property crimes. An
individuals that enters someone's home, has bad intentions and could harm the lives of others.
Therefore, defendants should know that they will receive harsh sentenced for their actions.
Countries have different criminal justice policies and practices for reasons of political culture and
history, not because of crime levels, crime trends, or global social and economic forces (Tonry).
Criminal justice administrators should consider what the sole goal of the criminal justice system is
today, if any form of sentencing is going to be

Between A Rock And A Hard Place Seems To Be A Very...
Between a Rock and a Hard Place seems to be a very appropriate title for this HBO documentary
whose executive producer and star is Dwayne "The Rock" Johnson. Young men with serious
criminal charges and significant prison sentences are provided a second chance by participating in
the Miami–Dade Corrections and Rehabilitation Department's Boot Camp Program in place of
serving their entire prison sentence. Dwayne Johnson greets 38 cadets starting the program, lectures
them on their opportunity and asserts that he wants the world to see the importance of the program.
Lastly, he tells them bluntly, not to "...f**k this up." For most people it would appear that
participating in this 16 week program would be easier compared to the alternative of ... Show more
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The program offers each of these benefits at different phases. The documentary presents each
participant in a way that it is difficult not to find some way to relate and even care for them or their
sense of purpose.
Notably, the program appears thorough with its design to offer support systems and provides various
means of addressing potential obstacles of a cadets' success, such as lack of education, lack of
support from family, anger management and substance abuse. Even so, a viewer cannot help but
question some of the harsh treatments. For example, in the beginning you are introduced to two
young men who struggle with understanding the English commands that a drill instructor is barking
at them. Later within the documentary, these same cadets are taken aside and told they are expected
to work harder to overcome the challenge of not understanding English. Towards the end one cadet
ends up breaking down sobbing because he fails one of his critical tests towards graduation, due to
the language barrier. Though there are classes to help the participants learn to prepare for a GED,
there are no tools to help them learn English. It appears to be an unfair hardship for these two
Spanish–speaking young men.
Another concern regarding fair treatment, is though there are many who respectfully follow every
command and satisfy every

The Pros And Cons Of Diversion And Probation
In Chapter 4, we are given an in depth break down of Diversion and Probation. Also, we learn the
meaning of the two and can understand how they work, and how they differ. What sets them apart?
Based on our text (Schmalleger & Smykia, 2015, p. 90), "diversion is defined as the halting or
suspension, before conviction, of formal criminal proceedings against a person (often) conditioned
on some form of counterperformance by the defendant" and "probation is the conditional release of
a convicted offender into the community, under the supervision of a probation officer; it is
conditional because it can be revoked if certain conditions are met."
What is the process of diversion? "When pretrial diversion is used, a written agreement between the
U.S. attorney and the chief pretrial services or probation officer defines aspects of its
implementation" (Ulrich, 2002). Once implemented, the offender's compliance is needed to move
forward and there are rules, guidelines and expectations to be met on the offender's behalf. Once
critical issue noted is that of critics. We have learned that it helps with keeping jails less crowded but
Is diversion helping or hurting recidivism? According to (Rivera, 2013), "McMurran and Theodosi
(2007) found through a metaanalysis of 16 different ... Show more content on Helpwriting.net ...
I want to see crime decrease and taxpayers not suffer in the end. Understanding what factors lead to
an increase in recidivism rates could be the grounds to develop programs to assist in a decrease.
"Harnessing a greater understanding of the factors that affect recidivism could also help with the
formulation and implementation of cost–effective intervention programs during incarceration and
the period of probation" (Forkner, 2010). Decreasing jail overcrowding by abolishing harsh laws and
creating cost effective programs to assist in the reduction of recidivism could save taxpayers a lot of

Disparity Between Imprisonment Rate And Crime Rate
The Disparity Between Imprisonment Rate and Crime Rate in Australia
By Christopher Batho During the period of 2002 to 2014, the imprisonment rate in Australia
increased while at the same time the crime rate decreased. This essay will aim to give reasons and
theories as to why this apparent disparity between the rising imprisonment rate and decreasing crime
rate exists. To do this, the purposes for punishment will be examined, how and why this purpose of
punishment has changed over time, the sociological and criminological theories that best explain
this disparity, and finally the implications on society through these criminal justice trends. However
firstly we will examine the statistics that prove this disparity. Between 2002 and ... Show more
Property crime includes unlawful entry with intent (UEWI), motor vehicle theft (MVT) and other
theft. The total number of offences for property crime has decreased from 1,188,582 in 2002 to
773348 in 2012. From both sets of data, it can be calculated that in the period of 2002 to 2012, the
imprisonment rate increased 13.5 percent yet the violent crime and property crime rates decreased
26 percent and 35 percent respectively. The question is, how is this possible? This will be answered
later but now the purposes for punishment will now be studied. When a person is guilty of a crime,
it is society's job to punish this person for their act. Once the person has been found guilty, they are
then sentenced by a judge with a certain purpose or purposes for the punishment. The main four
purposes used are retribution, deterrence, rehabilitation and incapacitation. Retribution is defined by
Mani as the offender 'must be punished simply because the wrongful act merits condemnation and
punishment.' (Reference). Deterrence is 'based on the idea that criminal behaviour can be deterred if
punishment is swift, certain, and severe enough to counter the benefits or pleasure gained from
committing crime.' (Reference). Rehabilitation of an offender may be achieved through education or
therapy. However, it must be understood that in order for rehabilitation to be

The Debate Over Rehabilitation And Retribution
The criminal justice system comprises of many distinct stages, including arrest, prosecution, trial,
sentencing, and punishment. There are four punishments: Deterrence, Incapacitation, Rehabilitation,
and Retribution. It is in the last two of these many stages that the debate over rehabilitation and
retribution is of some significance. The purpose of the Criminal Justice System is to produce justice
for all, by sentencing and punishing the accountable and helping them to stop whatever crime they
have committed, all while protecting the innocent.
Deterrence is an idea that criminal laws are passed with clear sentences to persuade individual
criminal suspects from turning out to be repeat offenders and to oppose others in society from doing
similar criminal activity. It is one of the primary objects of the Criminal Law. Deterrence primary
goal is to discourage members of society from committing criminal acts out of fear of punishment.
Incapacitation is the effect of jail time to prevent the criminal person from committing future crimes.
Incapacitation is different from deterrence where someone is punished to make him or her
understand the specific consequences of his or her crime. Incapacitation intends to avoid future
crimes by taking away the person's capability to commit crimes by locking them up. Criminals are
put in jail to not only protect others in the community from the person, but also to protect the
criminal from the community.
Rehabilitation is the

Advantages Of Incaparceration
Backer (1968) believed that submission to law is not taken for granted but public and private
resources should spend to thwart crimes and to capture delinquents. Also the punishment to those
who convicted is necessary to curb the crimes. How many resources and how much punishment
should be used to enforce different kinds of legislation? Becker was of the view that the state should
aggressively take part to curb the violations against person and property, to restrict discrimination
against certain minorities, collusive business arrangements and thousands of other activities. The
method purposed by him, formulates a measure of the social loss from offenses and finds those
expenditures of resources and punishments that minimize this loss. He used economic analysis to
develop optimal public and private policies to combat illegal behavior.
The Basic Model
Theory of criminal behavior based on the assumption of rational choice was proposed by Benthan ...
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The reduction is crime due to incarceration is known as the incapacitation effect. Its mean that by
increasing the number of inmate population, the crime rate would drop. But in the reality, the crime
rate remained high. This indicates that something is missing from the standard incapacitation
analysis.
Some researchers like Greenwood and Abrahamse (1982) are of the view that selective
incapacitation strategy is more efficient way to cap the crime rate. They used self reported data from
prison and jail inmates to demonstrate that there is wide variation in individual offense rates and that
the factors associated with higher rates of recidivism are also associated with higher rates of
offending. The study found that selective incapacitation strategies may lead to significant reduction
in crime without increasing the total number of offenders

Deterrence, Incapacitation, And Rehabilitation : Explain...
Ashlyn Nelson
CRST 100 / SOCI 270
Dr. Dennis
December 11, 2014
Short Essay Questions
40. Chapter 14 Deterrence, Incapacitation, Retribution, and Rehabilitation: Explain how the severity
of punishment, the certainty of punishment, and the promptness of punishment can potentially deter
criminal behavior. Is one more important than the other? Why or why not? Severe punishments,
such as long stints in prison and the death penalty, are designed to pose as threats or warnings to
those who consider committing a crime. It also seems that, theoretically, more severe punishments,
such as longer prison sentences, would help deter crime at least by keeping the offender locked
away, thus "deterring" them from committing more crime. Certainty of punishment would serve to
deter potential offenders with the threat of a definite, undesirable penalty, should they be caught and
convicted. Certainty and severity of punishment both play on an offender's sense of self–
preservation, in hopes that potential offenders may not commit crimes to protect themselves from
undesirable consequences. Promptness of punishment theoretically serves to deter crime by playing
on not only the potential offender's self–interest, but on the idea that public attitudes against the
offender will be more severe soon after the crime is committed. The certainty of punishment appears
to possibly be the most effective deterrent to crime. Offenders may not be daunted much by the
threat of severe punishment, as

Criminal Justice Policies To Reduce Crime
There have many different criminal justice policies and practices that have been implemented in the
attempt to reduce crime, but unfortunately not all of them have been proven to do so. Three of these
policies and practices include putting more cops on the street, incapacitation, and mandatory
minimums (Walker). All of these examples have been proven not to effectively reduce crime, but for
some reason all of these practices may continue to occur. Two studies were conducted, one in
Kansas City and the other in Newark, on whether or not more police presence was able to reduce
crime (Walker). The Kansas City study found that even when more police officers are placed in
different beats, there was not effect on the amount of crime that occurred there (Walker). The
Newark study found that no matter the level of foot patrol there was no reduction of crime (Walker).
Although the Newark study found that more foot patrol did not reduce crime, it did however show
why this practice may continue to happen in other cities. It found that more police presence reduced
citizen fear of (Walker). The theory of deterrence assumes that visible police patrol ... Show more
Mandatory sentencing is when there is a minimum sentence on certain crimes that an individual has
to serve if convicted of that crime (Walker). This policy is a commonly used tough on crime tactic
that many believe will reduce crime but does not. The idea is that mandatory sentencing will help to
deter individuals from committing certain crimes, knowing that they will have to serve at least a
certain amount of time in jail or prison. Mandatory sentencing turns out to be very costly, gives out
very harsh sentences, and does not reduce crime (Walker) but it makes it seem like the system is
doing its job by getting tough on crime. This is what the public and policy makers see, which is why
mandatory sentencing will likely continue to

The Incapacitation and the Deterrent Effects Essay
The Incapacitation and the Deterrent Effects
The incapacitation effect saves lives – that is, that by executing murderers you prevent them from
murdering again and do, thereby, save innocent life (B.1–4, 7, 9, 10 & 15). The evidence of this is
conclusive and incontrovertible. Furthermore, the individual deterrent effect also proves that
executions save innocent life (B.7–9 & 11–18). This effect represents those potential murderers who
did not murder under specific circumstances because of their fear of execution. There are many,
perhaps thousands, of such documented cases, representing many innocent lives saved by the fear of
execution. Circumstances dictate that the majority of these cases will never be documented and that
the ... Show more content on Helpwriting.net ...
The individual deterrent effect is proven. Therefore, even though it may be statistically elusive, the
general deterrent effect is proven by individual deterrence. Individually and collectively, these three
effects present a strong morale argument for executions. Executions save lives. Period. Our choice is
to spare the lives of the murderers and to, thereby, sacrifice the lives of the innocent or to execute
those murderers and to, thereby, spare the lives of the innocent. What do you choose? The test for
deterrence is not whether executions produce lower murder rates, but that executions produce fewer
murders than if the death penalty did not exist. For example, the fact that the state of Delaware
executes more people per capita (1/87,500) than any other state and has a murder rate 16 times
lower than Washington, D.C. (5/100,000 vs 78.5/100,000) is not proof, per se, that the death penalty
deters murder in Delaware or that the lack of the death penalty escalates murders and violent crime
in Washington, D.C., which has the highest violent crime and murder rates in the U.S. Be careful
how you explain and understand deterrence.
1) The argument that murderers are the least likely of all criminals to repeat their crimes is not only
irrelevant, but also increasingly false. 6% of young adults paroled in 1978 after having been
convicted of murder were arrested for murder again within 6 years of release. ("Recidivism of
Young

Incapacitation Offenders: A Case Study
Several penological principles guide how Australia responds to crime, with the criminal justice
system implying that incapacitation is preferred. Incapacitation is relied on to prevent offenders
from committing further crimes against society. Australia's reliance on incapacitation can be
confirmed in three following ways. Imprisonment has been the preferred method in Australia to
incapacitate offenders. According to the Australian Bureau of Statistics in 2007 on average there
were 25, 968 daily prisoners, this daily average increased to 40, 577 in the year of 2017 (Australian
Bureau of Statistics [ABS], 2007, 2017). This increase may be due to the number of offenders held
in remand, with 32% of prisoners being on remand in the year of 2017 (ABS, 2017). These
individuals have been charged but not yet convicted of the crime and the courts have refused bail.
Sentenced prisoners ... Show more content on Helpwriting.net ...
With prison being overcrowded the criminal justice system began to incapacitation offenders in the
community. Despite this Australia shows signs of changing tactics with offenders with a shift
towards rehabilitation. This move towards rehabilitating offenders is seen with the emerges of
support services for witness, victims and offender. Finding the cause of crime is becoming more
important with the integration of problem solving courts for example, drug courts and domestic or
family violence courts (Jefferies, 2002). Rehabilitating of offenders will help to decease the rate of
re–offending for a longer compared to incapacitation that prevents further crime from the same
offenders only for a set period. This creates a safer community while providing offenders with
improved basic living conditions than individuals receive while incarcerated. Despite this shift
towards rehabilitating offenders, the punishment of prison should still be used for offenders but only
for the most serious of

Lex Talionis And Privatization In Criminal Justice
1. Lex Talionis – The Criminal Justice Today textbook defines the term Lex Talionis as "The law of
retaliation, often expressed as 'an eye for an eye' or 'like for like'" (Schmalleger 414). Under Lex
Talionis, the convicted offender was sentenced to suffer a punishment that closely approximated the
original injury. This rule of "an eye for an eye, a tooth of a tooth," generally duplicated the offense.
Hence, if a person blinded another, he was blinded in return. Murderers were executed, sometimes
in a way tailored to approximate the method they had used in committing the crime. It is ultimately
the principle of retributive justice expressed in the phrase "an eye for an eye," and the basis of this
form of law is the principle of proportionate ... Show more content on Helpwriting.net ...
Warehousing – As stated by the textbook, warehousing is "an imprisonment strategy that is based on
the desire to prevent recurrent crime and that has abandoned all hope of rehabilitation" (Schmalleger
426). This policy was implemented in the past for the purpose of protecting society from serious
offenders and also led to a rapid decline of the decarceration initiative. Recidivism rates were widely
quoted in support of the drive to warehouse offenders. One study, for example, showed that nearly
70% of young adults paroled from prison in 22 states during 1978 were arrested for serious crimes
one or more times within six years of release. Warehousing prisoners has been a persistent problem
in the United States for over 30 years, with nonviolent offenders, particularly drug offenders who
account for a large proportion of both federal and state prison populations, mostly due to sentencing
changes associated with the war on drugs. Warehousing, along with other sentencing changes based
on three–strikes legislation and mandatory minimums have influenced prison overcrowding and
minorities, such as black males, are disproportionately represented in prison populations due to
these enactments and strategies. According to the Community Empowerment Collective website, the
term warehousing "simply means storing inmates until their sentence is complete, neither punishing
them nor trying to habilitate them. By definition it is incompatible with the punishment and
rehabilitation. It is

The Importance Of Recidivism In Prisons
In recent discussion of prison facilities, a common concern amongst state and federal officials is
recidivism as well as prison overcrowding. The United States currently ranks the highest in
incarnation rates compared to neighboring countries such as Russia and Canada. There are currently
over two million individuals incarcerated in the penitentiary in the United States; an astonishing five
hundred percent increase in incarceration in the past forty years (The Sentencing Project, 2017). As
a result, violence, rape, suicide, and other health concerns have broken out throughout the prisons
that has created further concern for the wellbeing of facility employees and the inmates inside each
facility. When it comes to the topic of recidivism, most of us will readily agree that crucial reforms
are needed in the correctional system. Where this agreement usually ends, however, is on the
question of effective punishment. Whereas some are convinced that the "get tough," three–strike
programs are effective in corrections, others maintain that a rehabilitate approach is necessary for
the prevention of recidivism by providing ex–convicts with the means necessary to live life away
from crime. However, despite the popular and unpopular opinion; the primary goals of the
correctional system are retribution, deterrence, incapacitation, and rehabilitation. Each goal proposes
a foundation for the prevention of crime and the prevention of recidivism for ex–convicts to return
to

Incarceration Policy And Crime Reduction
As already covered in the literature review, studies on the relationship between incarceration policy
and crime reduction is yet to be clear for utilization by policymakers. In most cases, researchers
agree that increased incarceration may perhaps have a positive effect on the reduction of crime rates.
However, it is the scale of this action that has a limiting scope attached to it when empirical studies
are carried. For instance, Stemen (2007) observes that a 10 percent increase in incarceration may
lead to about 2 to 4 percent reduction in crime.
Moreover, further increases in the number of individuals being sentenced in prisons have further
economic ramifications without necessarily helping in direct reduction of criminal activities or ...
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As defined by Liedka, Piehl & Useem (2006), deterrence refers to the action against crime through
the introduction of legal sanctions.
In this way, there is an incentive to encourage non–criminal behavior among the population. On the
other hand, incapacitation refers to the physical restraints directed towards criminals in order to
eliminate further crime. In effect, both incapacitation and deterrence are meant to have direct
positive effects on crime rates. By reducing the number of criminals roaming on the streets and
introducing penalties for anyone found to be involved in such activities, the primary expectation is
that crime rates should drastically drop. However, questions have been raised on whether this factor
still holds when the scale of incarceration increases over time.
The Issue of Scale The findings of this paper have raised several issues based on the linkage
between scale of incarceration and crime rates in a given jurisdiction. First, results indicate that the
effectiveness of incarceration in instances of increased crime may rely on a given jurisdiction. This
means that this policy of crime reduction may not be universally effective. Generally, jurisdictions
whose incarceration policy implementation are at advanced stages may face lesser challenges in
crime reduction that their less developed peers. This is an obvious finding because it is expected that

Different Solutions And Goals Of A Criminal 's Actions Essay
In the correctional system today, there are different solutions and goals of a criminal's actions. For
example, you have rehabilitation, incapacitation, restitution, restorative justice, and deterrence. Even
though they all have a different meaning, they all have something in common which is punishment
of a criminal. Depending on the criminal and their actions determines which solution of punishment
they will receive. What is rehabilitation? In the book, Corrections Today by Larry Siegel and
Clemens Nartollas, rehabilitation is defined as, changing an offender's character, attitudes, or
behavior patterns so as to diminish his or her criminal propensities (20). When you see the word
'rehabilitation' you automatically point out the word 'rehab' and rehab means the process of helping
someone become healthy again mentally, physically, and emotionally (Merriam–Webster).
Therefore, if a criminal is rehabilitated it is because the people of higher authority believes that the
criminal deserves to go through a program to make their mind right again and they also deserve
another chance. However, not all criminals are granted that option. Another solution of punishment
is incapacitation. Incapacitation is when offenders are isolated because of the protection of society.
This basically is meaning they get placed in prison or some type of correctional facility to prevent
them from committing more crimes in the future or also if the criminal is a threat to society.
According to

The Integral Role Sentencing Plays in the Criminal Justice...
The Integral Role Sentencing Plays In the Criminal Justice Process
There are four philosophies that are considered when it comes to the sentencing of a criminal. These
philosophies are:
Retribution–
Retribution is a philosophy that a wrong doer who has freely chosen to violate society's rules must
be punished. Retribution relies on the principal of "just deserts", this holds that the severity of the
punishment hold to the severity of the crime. This philosophy is not the same as revenge because
retribution is more concerned with the rules of society as a whole, rather than the individualism
revenge has had on the victim or victims the offender. Most dictionaries give the meaning of
retribution as "repayment". Public speakers ... Show more content on Helpwriting.net ...
The results of this study were not encouraging. Instead of a decrease in crime after doubling the
incarceration population, like expected, there was no sign of decrease at all in the crime rate. In fact,
some cities showed instant spikes of incarceration and some increase in criminal activity.
Numbers and studies like these show that this philosophy of incapacitation leaves room for
improvement. It could be more pro–active to approach a convicted felon's sentencing with a pattern,
such as, deterrence or rehabilitation.
Rehabilitation–
Rehabilitation is in the dictionary as the processing, usually in a quiet area, during which units
recondition and become rested. Also, under correctional rehabilitation it says that this provides penal
custody or probation or parole for convicted offenders.
The Classical School of Criminology (Larrabee, A.K. [2006] Punishment vs. Rehabilitation) has
proposed that punishment is used to create deterrence and the Positive School of Criminology uses
rehabilitation to reduce recidivism. In my opinion, more studies show that rehabilitation has a more
lasting impact on an individual with the help from the community. To stay fair and acknowledge that
the Classical School of Criminology has a point toward the deterrence factor, rehabilitation can be
used as a deterrent as well by showing the offender how to adapt to society by gaining academic or
trade skills. Rehabilitation is based on a "change in direction" theory. Rehabilitation

Rational Choice, Deterrence, Incapacitation and Just...
Rational Choice, Deterrence, Incapacitation and Just Desert
In seeking to answer the question, "Why do people engage in deviant and/or criminal acts?", many
researchers, as well as the general public, have begun to focus on the element of personal choice. An
understanding of personal choice is commonly based in a conception of rationality or rational
choice. These conceptions are rooted in the analysis of human behavior developed by the early
classical theorists, Cesare Beccaria and Jeremy Bentham. The central points of this theory are: (1)
The human being is a rational actor, (2) Rationality involves an end/means calculation, (3) People
(freely) choose all behavior, both conforming and deviant, ... Show more content on Helpwriting.net
...
Rational Choice Theory emerged.
"According to this view, law–violating behavior should be viewed as an event that occurs when an
offender decides to risk violating the law after considering his or her own personal situation (need
for money, personal values, learning experiences) and situational factors (how well a target is
protected, how affluent the neighborhood is, how efficient the local police happen to be). Before
choosing to commit a crime, the reasoning criminal evaluates the risk of apprehension, the
seriousness of the expected punishment, the value of the criminal enterprise, and his or her
immediate need for criminal gain." (Siegel, p.131, 1992)
This perspective shifts attention to the act of engaging in criminal or deviant activity. The issue
becomes, what can be done to make the act of crime or deviance less attractive to the individual?
How can crime or deviant behavior be prevented? "...crime prevention or at least crime reduction,
may be achieved through policies that convince criminals to desist from criminal activities, delay
their actions, or avoid a particular target." (Siegel, p.133, 1992). Strategies that are relevant to this
perspective include the following: target

The American Justice System
In what ways is the indigenous justice paradigm in conflict with the principles of the traditional,
adversarial American criminal justice system? In what ways do the principles of Native American
justice complement more mainstream correctional initiatives?
Within the Criminal Justice system, comes a structure of both practices as well as organizations that
main role is to uphold not only social jurisdiction, but to discourage and diminish criminal activity.
The Criminal Justice system also sanctions those who violate the laws of the land with penalties and
reintegration of the criminals into society. In the United States, our policy has been guided by the
1967 President 's Commission on Law Enforcement and Administration of Justice, which issued a
ground–breaking report 'The Challenge of Crime in a Free Society ' (President's Commission on
Law Enforcement and Administration of Justice [Presidents Commission], 1967).
The text (McNamara & Burns) explains that in 2005 per the Uniform Crime Reports for 2005, Asian
American crime represented only one (1%) percent of all arrest, this was even lower number as
compared to the Native American arrest which represented slightly over one (1%) percent, which
stood at 1.3% for the year 2005 (McNamara & Burns, 2009, p. 117).
According to Gee in Beyond Black and White: Asian Americans, Mass Incarceration, and the
Criminal Justice System, "Asian Americans have enjoyed a positive image in main– stream America
due to the model minority

Penological Principles Essay
. Penological Principles
There are many different penological principles which Australia uses in its response to crime, the
most widely used punishment is incapacitation. Rehabilitation and deterrence also aim to protect
society from further offending, incapacitation protects society by reducing or removing the physical
capacity of an offender to offend (Bull, 2015), however, other forms of incapacitation, include
curfews, monitoring and reporting requirements. This essay examines the effectiveness of
incapacitating methods, as punishment is often culturally motivated by crimes reported that the
public finds despicable; governments are forced to show they are tough on crime by passing new
laws. As ideas develop Australia is slowly moving ... Show more content on Helpwriting.net ...
Politicians respond by creating new laws, this is evidenced in Queensland's Dangerous prisoner's
sexual offenders act that came about from the Dennis Ferguson case. Research by Giskes (2004)
found that immense public concern occurred from the release of dangerous sexual offenders, leading
parliament to change the laws in 2003 for these prisoners, particularly those deemed susceptible to
re–offending. This get–tough approach has failed to make communities safer instead they have
produced an expanding prison system. Public policy responses should aim to deter and punish
offenders, however, by applying intense indeterminate sentences the effectiveness is lessened as
punishment is meant to be swift, certain and severe, yet by applying this intense and uncertain level
of punishment goes against our political and cultural sense of justice and fails in the goal of making
safer communities (Giskes, 2004). Collectively, there is ample evidence that contemporary
sentencing and punishment practices aim to protect society, however rehabilitating offending
behaviour would be less politically popular but may reduce crime rates more than prison or

The Purposes of Punishment
The purposes of punishment.
What are the purposes of punishment? Which do you consider to be the most important and why?
Student: ***********
Student number: *******
Tutor name: *************
Hand–in date: 21st of November 2011
To begin with, it is necessary to say that punishment is an integral part of modern countries' legal
systems, because countries have a duty to protect society from wrongdoers and authorities could
reach success in it by punishing offenders. Oxford English Dictionary defines punishment as the
infliction or imposition of a penalty as retribution for an offence. There are four main purposes of
punishment – incapacitation, deterrence, retribution and rehabilitation – and the aim of this paper is
to ... Show more content on Helpwriting.net ...
Deterrence is a further purpose that needs to be highlighted. The aim of punishment is also to warn
people from crime committing under the fear of being punished and it might be reached through the
well–developed criminal justice system, one of the main aim of which is to ensure that every
wrongdoer will be punished for the criminal acts. There are two kinds of deterrence. They are
general and specific deterrence. Ferris defines specific deterrence as deterrence which attempts to
persuade the individual before the court not to commit further offences, while general deterrence is
defined as the process of persuading others who might be inclined to offend not to do so. Deterrence
has its own pros and cons as well. One of the main deterrence benefits is that it may reduce crime
rate significantly and sharply. For instance, there is a three strikes policy in most states of USA,
which means that if an individual has already been in jail two times and if this person commits a
third crime, she would be automatically sentenced for 25 years regardless of crime seriousness. On
the other hand, the main drawback is that criminals usually think that they will not be caught, so
they continue committing crimes.
Retribution, as the next aim of punishment, is associated with the idea that the wrongdoers have to
be penalized and punished for violation against the civilians. Retribution could be viewed from two
aspects: revenge and restoration. According to Oxford English

Goals Of Criminal Retribution And Deterrence
One of the goals of criminal sanctions is retribution. Retribution is basically punishing violators who
have committed a crime and the severity of the punishment should be that which matches the
severity of the crime. Retribution is a goal because government need to give out this punishment so
that society does not feel the need to punish the violators of crimes by taking the law into their own
hands.
The second goal of criminal sanctions is deterrence. Retribution and deterrence go hand in hand
somewhat because the public sees an offender get punished through retribution which is a deterrence
for the public to commit a crime. A person would think that "I do not want to be punished like that
criminal did" so he/she would not commit the ... Show more content on Helpwriting.net ...
Incapacitation is a form of retribution and deterrence because society feels that a person can go to
prison and be executed for his/her crimes, and this keeps the offender from committing any further
crimes in the future. Along with incapacitation is selective incapacitation for repeat offenders that
continue to commit crimes after serving their original sentence in prison. This are called "career
criminals" and are given longer sentences.
The fourth goal of criminal sanctions is rehabilitation. Rehabilitation can be classified in several
areas, whether a person gets help for drug/alcohol addiction, or gets training while incapacitated for
a new skill set to help that person get a job when they eventually gets out. Rehabilitation can also go
along with incapacitation and deterrence. The main goal of rehabilitation is to put the offender on a
new path and away from the criminal path.
The fourth goal of criminal sanctions is restorative justice. Restorative justice not only punishes the
offender but finds ways to restore trust in the community and repair any harm that was done to the
victims of the crime. Many people in society think only about punishing the offender but forgetting
that the victim of the crimes need help also, whether through restitution from property crimes and
help through personal harm done to the victim. Restorative justice takes all of this into

Retribution, Incapacitation, Deterrence And Rehabilitation
The four goals of punishment are retribution, incapacitation, deterrence and rehabilitation.
Retribution is a punishment that when a person gets a punishment for something that they have done
and to get back at them. An example for a retribution would when someone gets a death penalty for
commenting a murder. Incapacitation is when a person is trying to prevent a person who already had
a sentenced felony from committing any other future offenses. For example, say a person has robbed
a bank multiple times and he is trying to commit it again but the authorities are preventing him
doing that because they don't want him to be sentenced a longer than what he is already sentenced
for. Deterrence is a punishment for any criminal activity that is involved

Punishment Is The Punishment An Individual
Retribution can be described with these two words: Deserved Punishment. Retribution is the
punishment an individual receives contingent upon the severity of their wrong doings. They must
"pay their debts". The authors of the text "Criminal Justice in America" mentions that if the
government fails to sentence the individual to an appropriate amount of punishment, society will
take the situation into their own hands (Cole, Smith and DeJong 277). If a murderer receives 5 years
in prison, the family of the victim(s) would feel like justice wasn't served and would probably resort
to their own type of retribution (Cole, Smith and DeJong 277). Punishment is the ethical response to
harm inflicted on the society. What this means is, if society ... Show more content on
Helpwriting.net ...
As rational individuals, we weigh the consequences of our actions versus the benefits of our actions.
The more severe the punishment of the potential crime, the higher chance that individuals will be
deterred. If a petty thief receives an 8 year minimum sentence along with a high fine, the severity of
this punishment will deter others from committing the same crime. Also, the severity of the
punishment of the first time offense must be severe enough to deter the same individual from
committing another crime. The downside of the deterrence theory is that it assumes that everyone
thinks before they act (Cole, Smith and DeJong 278). Individuals who are mentally unstable or have
psychological problems aren't accounted for.
Another major goal of punishment is incapacitation. Incapacitation deprives an offender from the
ability to commit crimes by detaining them in prison. Both deterrence and incapacitation focuses on
the potential of a crime occurring in the future. But with incapacitation, the offender is kept in prison
and won't be given another chance in society until they have proven that they will no longer commit
crimes (Cole, Smith and DeJong 278). Being punished by incapacitation is dependent upon the
nature of the crimes committed in the past and how extensive the offender's criminal record is (Cole,
Smith and DeJong 278). There are some difficulties with this form of punishment because there is

What Are The Five Goals Of Capital Punishment
Capital Punishment
When it comes to capital punishment there are many goals then just one that is pertaining to the
issue. Many people may argue that capital punishment is not the route to move forward to when
dealing with a criminal. The people that believe this contemplate that the criminal has already been
punished enough and nothing else needs to be done about the matter. Then there are those people
who believe that capital punishment is exactly what a criminal deserves for their heinous behavior.
They believe that if one does something wrong they should be punished so others that see this will
not attempt the devious behavior. The five goals that associate themselves to capital punishment in
the criminal justice system are incapacitation, deterrence, restitution, retribution, and rehabilitation.
These five goals grasp the importance of what capital punishment truly is in the criminal justice
field.
Incapacitation
Incapacitation has a strong bond with capital punishment assuming that it is the best punishment for
a person who commits a crime. According to Leipold (2016) "...one simple explanation for the
increasing prison population is that incapacitation works" (p.7). ... Show more content on
Helpwriting.net ...
Many think the felon should not be given an easy pass of just death for a crime they committed.
Dieter says (2003) "...that no sentence can ever equate to the loss of your child's life and the horrors
of murder" (p.1).While committing the crime they killed someone's family member and the
criminal's death cannot bring them back. Instead of death give the felons time to serve out their life
sentences to think about what they have done. When they have so much time on their hands they can
work because they have nothing else to do and they can pay the family for their hardship and pain
that they have endured during this grieve process.

The Five Philosophies Of Punishment In Orange Is The New...
In popular television shows like Orange is the New Black, we can find many different philosophies
of punishment played out within the show. Deterrence, incapacitation, rehabilitation, retribution and
restorative justice are considered the philosophies of punishment. This paper will describe the five
philosophies of punishment in detail and provide real world examples, discuss the methodology
behind choosing Orange is the New Black, applying what has been learned about the philosophies of
punishment to an episode of this show, give my opinion on the choices of philosophies displayed in
the show, and explain what the future for crime control, punishment, and justice might be. There are
five distinct philosophies to the punishment of criminal offenders. The deterrence model is based on
the belief that punishment or threat of punishment will prevent citizens, offenders or non–offenders,
from committing or recommitting crimes (Fagin, 2016), 2016). A real–life example of the deterrence
model would be corporal punishment. Because the children who witnessed the punishment would
not want to commit the act, and the child receiving the punishment would not want to recommit
their crime, it was believed to be an effective strategy in forming school children's behavior (Fagin,
2016). The belief that criminals cannot be rehabilitated, and it would never be safe to release them
back into the community falls under the incapacitation philosophy of punishment (Fagin, 2016). The
most common type of incapacitation is imprisonment. When offenders are imprisoned, they are
unable to commit new crimes, and will no longer pose a threat to their communities. Rehabilitation
on the other hand, is the belief that criminals can be cured of their criminality, and can be released
back into the community (Fagin, 2016). Counseling, educational programs, and work skill programs
are all different real–world examples of the rehabilitation model (Fagin, 2016). The aim of these
programs is to help offenders get better and become a productive member of society. The idea of
punishing criminals because they deserve to be punished fits into the retribution philosophy of
punishment (Fagin, 2016), 194). An example of this philosophy today would be

Criminal Justice Outline
Dawn Drinovsky
Capstone Project One
Nov. 22, 2011
Trial a. Interrogation and Arraignment– Guidelines and Process of Law b. Trial– Judge and Supreme
court roles c. Sentencing – 3 types
Sentencing
a. Determinate– pros and cons b. Indeterminate– pros and cons c. Mandatory– pros and cons d.
Specific or general deterrence
Determinate sentencing a. Time– Each punishment is set person to person regardless b. Punishment–
does not discriminate c. Community– deter people from committing it again
Indeterminate Sentencing a. Courts and judges role in helping the offender b. Community outlooks
c. Fines and minimums
Mandatory sentencing a. Maximum fines and set prison sentences b. No judge discretion, ... Show
more content on Helpwriting.net ...
Being an illegal immigrant would put a hold on somebody who was not a US citizen until he had an
immigration bond, where they wait for his case to finish and then proceed with deportation
proceedings. (Roberson and Stucky 2007) For those whose sentence is prison, a parole board
determines the amount of time each inmate serves under correctional supervision.
Indeterminate sentencing is the courts way to try and help those that are worth helping. In states
with indeterminate sentencing, parole boards can release inmates once they have served the
minimum part of their sentences. The indeterminate sentence laws further reduce the amount of time
served when a person is in prison and looks positively at life and is on good behavior daily. They
have a chance of getting out before the bad guy next to them who is trouble daily. That guy will
more than likely spend full time allowed by the judge behind bars. For instance, one case involved a
male offender over 40 with a prior record consisting of six other arrest, three convictions, and two
incarcerations, who was found guilty of nine counts of extortionate credit transactions, and related to
income tax violations leaving this man to face anywhere from 3 years in prison with no fine to 20
years in prison with a $65,000.00 fine. (Rubuck, 2001)
The more people they can get on good behavior the less crowding we will

Definition Of Disability, Perception, Service, Delivery,...
Abstract This paper will be reflecting a particular philosophy in relation to the following definition
of disability, perception of disability, terminology, service delivery and purpose of service delivery.
It will also discuss Social Minority Model. What exactly is Social Minority Model? It can be
described as the social model of disability optically discerns the issue of "disability" as a convivially
engendered quandary and a matter of the full integration of individuals into society. In this model,
incapacitation is not an attribute of an individual, but rather an intricate accumulation of conditions,
many of which are engendered by the gregarious environment. Hence, the management of the
quandary requires gregarious action and is the collective responsibility of society at immensely
colossal to make the environmental modifications compulsory for the full participation of people
with disabilities in all areas of gregarious life. The issue is both cultural and ideological, requiring
individual, community, and sizably voluminous–scale gregarious change. From this perspective,
equal access for someone with an impairment/incapacitation is a human rights issue of major
concern. The Social Model of Disability
A physical or mental condition that limits a person 's movements, senses, or activities; a
disadvantage or handicap, especially one imposed or recognized by the law, is the definition of
disability. The definition of incapacitation is highly contentious for several

The Time Of Early Human Civilization
Punishment can be dated back to the time of early human civilization. It took a while for human
civilization to begin imposing certain laws and regulations that would subsequent an act of crime.
During the early time period of 2000 B.C. to 1800 A.D. (2010), ancient Babylonian and Sumerian
codes began the model of creating a practice where criminals would be punished for their wrong
doings. One of the earliest philosophies of this ancient time was the term Lex talionis or an eye for
an eye. This practice is based on the criminal punishment idea of retribution, which means that a
criminal deserves to be punished based on the crime committed. As time progressed, new ways of
thinking emerged and eventually crime had to be the responsibility of the government because they
believed that a crime committed against one citizen was considered to be committed against the
whole society. During the enlightenment, great philosophers such as Cesare Beccaria, Jeremy
Bentham, and John Howard changed the perspective on human life. Prior the enlightenment, people
were not rational and they believed that behavior was not a function of their choice. That's why they
highly supported punishment for retribution. However, during post–enlightenment the main purpose
of punishment became to deter or stop crime. In hopes of getting criminals of the street, new ways
of punishing evolved but mainly it gave development to incarceration. The number of individuals
living in correctional facilities across

No Point Of The Three Strikes Legislation
Reaction Paper #2 Since the origin of criminology, there has been a constant swing back and forth
between incapacitation and rehabilitation in regards to violent recidivating offenders. Some argue
our streets will be safer with the criminals off our streets, while others want to teach the chronic
offenders how to function and possibly contribute to our society. According to research, our
approach needs to be a glass of rehabilitation with a splash of incapacitation. The goal of
incapacitation is removing dangerous criminals from society and eliminating the chance of
recidivating. This policy is aimed at the life–course offender or the chronic six percent. The
predominant incapacitation method is the three strikes legislation. The selling point of the three–
strikes legislation is the idea of removing the most dangerous criminals from society through
selective incapacitation. In turn, removing these life–course offenders from society by long prison
sentences will drastically reduce the crime rate. "Supporters of three strikes legislation argue that
such statutes will end the criminal careers of such high–rate offenders" (Beres & Griffith, 1998). Put
simply, if you repeatedly commit serious crimes, you will earn a harsh prison sentence. The baseball
metaphor "three strikes and you're out" is used towards serious crimes, especially felonies. Another
aspect of the three–strikes legislation is deterring future offenders along with incapacitating those
that cannot be deterred

The Four Goals Of Punishment
The four goals of punishment in the American criminal justice system are retribution, deterrence,
incapacitation, and rehabilitation. The purpose of the four goals of punishment is to ensure that the
sentence the criminal is receiving is reasonable and just. It is difficult to satisfy all of the
components to the highest degree for all criminals. All of the goals serve a different purpose and are
significant in their own way, but when combined together they create a very complex sentencing
policy for criminals. The first goal of punishment is retribution. Retribution, also known as deserved
punishment, it is when one is punished for committing a crime that harmed other people in some
manner (277; ch.9). The purpose of this goal is for the criminal to understand that if you commit a
crime, consequences will come with that. Depending on the crime that is committed will decide how
serious the punishment is. A lot of factors are considered with retribution during the sentencing
process. Factors such as the age of the defendant, their previous offense history, not only that but the
victims of the crime. The judge might give the defendant a sentence that will not only punish him
for the crime but also make the family feel that the proper sentence was given to the criminal. The
next goal of punishment is deterrence. The purpose of deterrence is to convince criminals and
society to not commit future crimes (277; ch.9). Deterrence has two separate subcategories which
are

Essay On Retribution And Incapacitation Philosophies
Before mentioning which philosophy of punishment I believe provides the juvenile justice system
with the best response to juvenile delinquency, I think it is important to mention that determining the
most appropriate philosophy is highly dependent on the specific offender and even the specific
crime. I believe all of the philosophies have positives and negatives, but some have positives far
outweighing the negatives and vice versa. Although I typically disagree with retribution and
incapacitation philosophies, I believe that they are sometimes necessary. There are certain offenders
that absolutely must be removed from regular society in order to prevent them from victimizing
society. The major issue with implementing such philosophies of punishment is making an accurate
determination of which offenders pose a true threat to society and will not respond to rehabilitation
or ... Show more content on Helpwriting.net ...
Another benefit of retribution and incapacitation is the inarguable deterrent effect they carry. For
many, the main thing that keeps them from committing crimes is the fear of punishment, namely
incarceration. However, research has shown that incapacitation and retribution are wholly
ineffective at changing an offenders behavior and actually often actually have an opposite to desired
effect. For example, incapacitation will only stop a juvenile from offending while they are
incapacitated. Typically when the incapacitation ends, an offender returns to their old delinquent
behavior, rather than returning to society as a constructive member. As a result, I believe these
philosophies should be utilized only as a last result, for only serious and chronic offenders who have
shown that restoration and rehabilitation will have no effect on

Incarceration Essay
Incapacitation
The concept of incapacitation indicates that individuals behind bars cannot commit a crime outside
the perimeter of incarceration. The prevention strategy came due to efficacy issues with the
rehabilitation model that resulted in increased crime rate and fear among the neighborhoods. These
reasons justify the reason why people face imprisonment (Cullen & Gilbert, 1982). The majority
accepts that lengthy incarceration acts as retribution for serious offenders and possesses the serious
threat to the public if released. Is incapacitation a cost–saving crime prevention strategy? The
deterrence and incapacitation should create space for the repeat and most dangerous offenders. The
strategies would then lead to imprisonment of ... Show more content on Helpwriting.net ...
Several studies indicate that unless there is a fairly high risk of apprehension, the threat of tougher
penalties does not the wiliness of individuals to engage in certain offenses (Turner, Petersilia &
Deschenes,1992). In the United States, the crime rates fell during the 1990s in the different
geographical and demographic areas. The portion of the results was attributed to the incapacitation
effects. The lengthening of the prison sentence in many states was a result of habitual felon status
and changes in the status of sentencing (Cullen Jonson & Nagin, 2011). However, recidivism
remains a serious challenge and the rate remained at 67% according to the Bureau of Justice
statistics 2005 (Travis et al 2005). The numerical heavily relies on various crime and cases. Since
1990, the recidivism rate increased, and the cost of incarceration continues to rise (Nagin, Cullen &
Jonson, 2009). Some states are considering releasing inmates before their sentence come to an end.
The release program tries to balance between reduction in crime and cost of incarceration. The
incarceration program and policies do not work. Similar challenges are experienced in universities.
In North Carolina, the court ordered a reduction in student suspension. The results lead to increase
in crime

Punishment Philosophies In The Criminal Justice System

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Punishment Philosophies In The Criminal Justice System