David A. Gonzales
California State University, Fullerton
According to the book, Criminal Law and Punishment, written by Joel Samaha, the characteristics of punishment include pain or unpleasant consequences, punishment prescribed by the law, punishment administered intentionally and punishment administered by the state (Samaha 22). The two sole purposes of punishment are prevention and retribution. The five philosophies of punishment include retribution, deterrence, incapacitation, rehabilitation, and restitution. Retribution is the best at exemplifying the philosophy of punishment. Early ideas of punishment included torture, beatings, branding, exile and death. The earliest known punishment systems include the Sumerian Law of Mesopotamia and The Code of Hammurabi, which is based on the Sumerian Law of Mesopotamia. According to USHistory.org, when Hammurabi’s Code was first implemented he believed in the idea of an “eye for an eye.” Over time, Crime did not go away so punishments turned into an “eye for an eye” plus another punishment. This method was used to put everybody on notice that people will have to pay for their actions and that there are consequences for bad behavior. Other punishment systems include: Roman Law of Twelve Tables, The Justinian Code, “Lex Tailonis,” and eventually lead to formal legal sanctions during the Middle Ages. The philosophy of punishment was first derived during the Age of Reason. Today we punish criminals most often following the Classical School of Thought. Cesare Beccaria was the father of the Classical School of Criminology, and he related causation to punishment. British philosopher, Jeremy Bentham, theorized in order to prevent crime; punishment should outweigh the reward of a crime (Seiter). Retribution is the best philosophy of punishment, more so than the other philosophies of punishment such as deterrence, incapacitation, rehabilitation, and restitution. The purpose of punishment is to prevent wrongdoing and to punish wrongdoers. Retribution best exemplifies punishment. Retribution it is the idea of infliction of pain and suffering to help maintain moral order. Retribution is the idea of punishing the blameworthy. It is the idea that hurting the wrongdoers is the right thing for society. Intended harm should result in deserved consequences. According to Criminal Law and Punishment, retribution rests on two philosophical foundations, culpability and justice. Justice relies on culpability (Samaha 24). Culpability is someone who intends to harm there victim, someone who is blameworthy of the crime. Therefore, culpability depends on blame and we can only punish those we blame, and we blame those who intend to harm victims; in turn we punish those who justly deserve it. Some people might argue that retribution is not the best philosophy of punishment, and the other philosophies such as deterrence, incapacitation, rehabilitation or restitution are a more effective way in crime prevention. Some people will argue on behalf of the deterrence theory, when normal human beings do not commit crimes because they are aware that the punishment outweighs the reward or pleasure of the crime. However, the deterrence theory is a myth and our moral behavior is controlled by our mind and heart. There is no factual evidence that shows the deterrence is an effective method of crime prevention (Becarria). Other people will argue on behalf of incapacitation. I believe incapacitation can be a severe punishment. People make mistakes and should be punished for those mistakes, but incapacitation is too severe. Also, if we rely on incapacitation to punish crimes, I think we will rely on it too heavily, and can possibly get carried away with it. It could lead to incapacitation for the small crimes.
Others may even argue for rehabilitation. Rehabilitation is the idea of fix a person or change a person who has committed a crime with the proper treatment, so that they do not commit that crime again. Criminals given the privilege of rehabilitation receive an in determined sentence and there sentence is focused on fixing the problem rather than focuses on punishment for the crime. I believe the focus of a crime needs to be the punishment because criminals need to be punished. Others people could argue for restitution to repay society or their victims for their crime. I believe a repayment for the crime they committed does not justify punishment.
In conclusion, I ultimately believe that retribution is the best philosophy of punishment. I do not believe deterrence, incapacitation, rehabilitation or restitution exemplify the purpose of punishment well enough. Retribution is “the only proper measure of punishment” (Samaha 24). Intended criminal action should result in punishment; not for reasons of deterrence, but because consequences need to be paid. “Punishment justifies itself” (Samaha 24).
Works Cited
Becarria, Ceasare. On Crimes and Punishments. New York: Bobbs-Merrill. 1963.
Hammurabi 's Code: An Eye for an Eye. 2008. USHistory.org. .
Samaha, Joel. Criminal Law, 10th Edition. Wadsworth, Inc. 2011.
Seiter, Richard P. Corrections An Introduction. 4th Edition. Upper Saddle River, New Jersey: Pearson Prentice Hall 2014.
Cited: Becarria, Ceasare. On Crimes and Punishments. New York: Bobbs-Merrill. 1963. Hammurabi 's Code: An Eye for an Eye. 2008. USHistory.org. . Samaha, Joel. Criminal Law, 10th Edition. Wadsworth, Inc. 2011. Seiter, Richard P. Corrections An Introduction. 4th Edition. Upper Saddle River, New Jersey: Pearson Prentice Hall 2014.
You May Also Find These Documents Helpful
-
Punishment is described by the Webster Dictionary as ‘the infliction or imposition of a penalty as retribution to an offense’. Today, this definition may pass as true for many governments, but years ago when philosophers were discussing ideas about government and laws, one idea that stuck out was that of punishment. Different theories rose regarding justifying punishment, and deciding the purpose behind punishing people. Joel Feinberg, Jules Coleman, and Christopher Kutz are three philosophers that spent a lot of time discussing their beliefs and ideas about punishment.…
- 859 Words
- 3 Pages
Better Essays -
talk about punishment philosophy in how this theory is a study of concept punishment in how it…
- 439 Words
- 2 Pages
Satisfactory Essays -
According to Duff and Garland, what are the central differences between ‘consequentialist’ and ‘non-consequentialist’ (often referred to as ‘retributivist’) theories of punishment?…
- 1567 Words
- 7 Pages
Powerful Essays -
The code of Hammurabi written around 1750 BC. By this code, abiding principle was Talio which has to do with mutilating the part of the body which has committed crime. In the kingdom, the legal rights and judicial process were available for everyone. But slaves and prisoners of war were not included in this judicial process. In this code, death penalty was very common.…
- 861 Words
- 4 Pages
Better Essays -
Now the purpose of criminal punishment includes resolving issues of retribution or revenge, Deterrence or public education, Incapacitation, Rehabilitation.…
- 388 Words
- 1 Page
Satisfactory Essays -
The ideas of punishment from the post enlightenment era, such as, vengeance, humiliation, and retaliation to deter the criminal and other members of society, from further criminal activity would best serve purpose as punishment for type one crimes that are planned and carried out. Crimes that are committed with malice such as burglary and first-degree murder are intentional crimes. These crimes require planning, violent acts, and harm to another. In my opinion, the severe punishment of the post enlightenment era would deter these crimes from happening, due to fear of severe and inhumane punishment. Crimes such as assault (type two) happen in the heat of the moment and are most likely reoccurring no matter what the punishment is.…
- 508 Words
- 3 Pages
Good Essays -
Let’s first begin with what punishment means. Punishment is the infliction or imposition of a penalty as retribution for an offense. While completing my research I was able to stumble across two definitions that caught my attention. The general definition for punishment is “aversive stimulus that follows an undesirable behavior, and is intended to decrease or eliminate the occurrence of that behavior. It may be triggered either due to the performance of an undesirable act (negligence) or the non-performance of a desirable act (disobedience). Punishments take the form of presentation of an unpleasant stimulus (criticism or warning) or withdrawal of a pleasant one (employment or promotion). Threat of punishment usually also constitutes a punishment”. The definition of punishment pertaining to the law is “Confinement, fine, penalty, sanction, or loss of a privilege, property, or right, assessed and administered as deterrence or retribution by an authorized court to an entity duly convicted of violating the law of the land”. [ (Buisness Dictionary, 2013) ] Punishments must be adequate match the reasons why the crimes were committed. History shows that Cesare Beccarua who was an Italian theorist, first suggested linking crime causation to punishments in the eighteenth century. He is known as the founder of the Classical School of criminology. The classical School is the theory linking crime causation to punishment, based on offenders’ free will and…
- 1359 Words
- 6 Pages
Better Essays -
Retribution is the theory that the mandate to pay an offender back for his or her wrongdoing (pg. 6 Cullen). Conservatives lean in favor of this approach while liberals favor what is called “just deserts.” The difference between the two is that retribution is has the goal of ensuring that the offender endures the pain they have caused. Just desert want the offender to suffer no more than the pain caused. They wish to see that justice is served but not more than that which is truly deserved. One punishment that is considered retribution rather than rehabilitative is the death penalty. The argument that this punishment is more retribution is that the offender should suffer the same harm to which his or her inflicted on the victim. They see the…
- 273 Words
- 2 Pages
Satisfactory Essays -
Sentencing is very important and usually the last stage of the criminal process. The purpose of sentencing is to punish the criminals while at the same time stopping crime from continuing. The five philosophical reasons for sentencing are retribution, deterrence, incapacitation, rehabilitation and restoration. Retribution is the philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered. Deterrence is the strategy of preventing crime through the threat of punishment. It assumes that potential criminals will weigh the costs of punishments versus the benefits of the criminal act so then the punishments will more then likely be more severe. Incapacitation is a strategy for preventing crime by detaining wrongdoers in prison, separating them from the community and reducing criminal opportunities. Then there is rehabilitation, which is the philosophy that society is best served when wrongdoers are not simply punished, but provided the resources needed to eliminate criminality from their behavioral patterns. Restoration is a sentencing goal that seeks to address the damage by making the community and the victim “whole again”.…
- 437 Words
- 2 Pages
Good Essays -
When asked this question the first thing I thought of was the four justification of punishment in our text book. Which is Retribution The oldest justification for punishment? Punishment is society’s revenge for a moral wrong. In principle, punishment should be equal in severity to the deviance itself; deterrence an early modern approach. Deviance is considered social disruption, which society acts to control. People are viewed as rational and self-interested; deterrence works because the pain of punishment outweighs the pleasure of deviance. Rehabilitation a modern strategy linked to the development of social sciences. Deviance is viewed as the result of social problems (such as poverty) or personal problems (such as mental illness). Social conditions are improved; treatment is tailored to the offender’s condition. Societal protection is a modern approach easier to carry out than rehabilitation. If society is unable or unwilling to rehabilitate offenders or reform social conditions, people are protected by the imprisonment or execution of the offender. Currently, 2 million people are imprisoned in the United States. In response to tougher public attitudes and an increasing number of drug-related arrests, the U.S. prison population has tripled since 1980. The size of the inmate population is going up in most other high-income nations as well. Yet the United States imprisons a larger share of its population…
- 1978 Words
- 8 Pages
Powerful Essays -
In the purpose of sentencing, there are four fundamental philosophies. Those are retribution, deterrence, incapacitation, and rehabilitation. Retribution is the philosophy…
- 1122 Words
- 5 Pages
Powerful Essays -
Retribution is the theory that the criminal deserves to be punished and deserves to be punished in proportion to the gravity of his or her crime, whether or not the victim or anyone else desires it. We may all deeply regret having to carry out the punishment, but consider it warranted.…
- 1387 Words
- 6 Pages
Good Essays -
Retribution offers a path to criminals who are unable to rejoin society or change the person they are, as well as providing peace to those damaged or hurt by convicts. Retribution provides a sense of security knowing justice has been delivered. In turn, retribution reinforces the idea that crimes have serious punishment and those who have the potential to commit crimes may follow the same paths if they do not learn from others…
- 856 Words
- 4 Pages
Good Essays -
Historical archives show that the even the most primitives tribes utilized methods of punishing culprits that often included taking their lives in order to pay for the crimes they committed. Murder most often warranted this ultimate form of punishment. As tribal societies formed social classes and man-kind developed its own self-governed republics, capital punishment became a usual response to a variety of crimes, such as sexual assault, military offenses and treason. Written rules were created to alert the people of the penalties that could face them should they participate in any wrongdoing. One of the earliest written documents observed that supported the death penalty was the Code of Hammurabi, written on stone tablets around 1760 BC. The code contained approximately 282 laws that were proposed by the Babylonian King Hammurabi and included the theory of an “eye for an eye.” Several other ancient documents were also supportive of the death penalty; these included the Christian Old Testament, the Jewish Torah,…
- 2843 Words
- 12 Pages
Powerful Essays -
When thinking about the goals of punishment the first that comes to mind is retribution. This is punishment based on…
- 1700 Words
- 5 Pages
Powerful Essays