The Reform and Rehabilitation theory believes in alternatives to traditional punishment, for example, probation, parole and community service, the latter even benefits society. Program in Arms Control, Disarmament, and International Security, 330 Davenport Hall, University of Illinois, Urbana, IL 61801Search for more papers by this author. The infliction of pain is motive not to re-offend. It believes that decisions are made by rational people who are exercising free will, individuals weigh the risks and rewards of violating or not violating the law, and that the risks and rewards are consistent for all persons (Deterrence Theory, February 6, 2014). An inductive content analysis of numerous scholarly, peer-reviewed articles was conducted to identify key themes in the literature pertaining to deterrence and to ascertain whether or not the goals of the theory 2 0 obj He saw punishment as an instrument for good with a deterrent effect. The criminal loses the right to be him or herself in that case. John Locke, a philosopher, believed moral choice was an illusion. Deterrence continues to underlie all judicial systems and indeed underpinned the principles of the first commissioners of Sir Robert Peel, in the creation of the Metropolitan police. research on deterrence, several small literatures have accumulated. In this theory the aim of punishment is retribution. He thought the penalty inflicted must symbolise and be felt to symbolise a double role of punishment, so imprisonment means the person imprisoned is unsuited to membership of society, however Moberly felt that the punishment in relation to the crime is artificial. That has not always been true. rather than the price theory assumption that offenders’ behavior will change in response to changes in legal threats.”2 Another problem in assessing deterrence is that in order for sanctions to deter, potential offenders must be aware of sanction risks and consequences before they commit an offense. Sociocultural theory was created by Lev Vygotsky as a response to Behaviorism. "�hv���2ˆ=*)�. Deterrence Theory Deterrence Theory has three basic core beliefs. Classical or rational choice theory (RCT) maintains that people are rational beings who evaluate the consequences of their decisions and move forward based on the expected outcomes. His ignorance makes him believe he has a choice. There has been a period in U.S. history, 1960’s and 1970’s that Rehabilitation Theory was considered the method of choice (Feldmeyer, 2015). Both theories assume that human actions are based on "rational" decisions-that is, they are informed by the probable consequences of that action. At Paperap.com you will find a wide variety of top-notch essay and term paper samples on any possible topics absolutely for free. At the other end of the scale he saw a “intermediate moral region” people who are truly repentant and communities too morally advanced to need punishment. We use cookies to give you the best experience possible. Equal rights for all persons. Gratitude in the workplace: How gratitude can improve your well-being and relationships No person can be held morally blameworthy if they have no freedom of choice. of service. 3 0 obj endobj How about make it original at only $13.9/page? So Libertarians would see the aim of punishment to penalise criminals as they can be held morally accountable for their actions. 1.2 RESEACH QUESTIONS 1. C. S. Lewis stated rehabilitation and reform does not really have an effect on people, that it is pointless. Darrow was not suggesting that the criminals shouldn’t be punished as one aim of punishment is to protect society, but he questioned the common assumption that criminals are morally responsible for what they do. 3. Get Your Custom Essay on The Strengths and Weaknesses of the Different Aims of Punishment Just from $13,9/Page, We will write a custom essay sample on The Strengths and Weaknesses of the Different Aims of Punishment specifically for you FOR ONLY $16.38 $13.9/page. The theory in question also overlooks social advantages of deterrents. If you contact us after hours, we'll get back to you in 24 hours or less. He suggested that everyone is responsible for the actions, but they are influenced by society. Moberly believed the criminal had inflicted a wound upon society. Social Reaction (Labeling) Theory: Pros, Cons, and Effects On Society The Social Reaction, or Labeling Theory as it is sometimes known, has developed over time from as early as 1938 (Wellford, 1975). For these reasons, the studies contain clear strengths and weaknesses that can be identified. Strengths of deterrence theory. Many elements of classical ideas are very useful in modern society and these show the strengths that the theory does have. The Strengths and Weaknesses of the Different Aims of Punishment. If you know that chopping off a man’s hand leads to you losing your hand, then you would think twice about doing it. THE STRENGTHS AND LIMITS OF THE RETRIBUTIVE THEORY OF PUNISHMENT by KURT BAIER In textbooks on punishment one usually finds four major "theories" or "justifi­ cations" of punishment: (1) the retributive, (2) the deterrence, (3) the reform or rehabilitation, and ( 4) the incapacitation or social defense, theories.! Deterrence theory applies utilitarian philosophy to crime. Deterrence Theory Deterrence Theory has three basic core beliefs. He saw serious limitations to the effectiveness of punishment. үLLTR(��x�bɲB�|b"Uf�>X-���}��w�V9OijW�I9r����wY�.�?�*T��8;T"���#ma���QB��ˬ�>��VA��S�7�8\����9���u�^e!� ���l�z�3@z`"�j���H��5�� The theory of deterrence can be used to justify punishing the innocent on the grounds that it serves to deter others. They are 550 The utilitarian idea assumes we have a legal system that will produce good results, but the threat of punishment is not very effective in reducing crime or preventing serious crimes such as murder or rape. He sees punishment as achieving a moral balance similar thinking as the atonement of our sins. However, it appears that deterrence effect is small, if it exists at all, and depends on the individual case. No victims would be brought back to life, but it would be seen that he had paid for his crimes with his life. 1 0 obj not a lot of evidence doesn't address many other causes punishment usually not swift. Moberly also suggests that in some cases punishment may not be necessary. The philosopher Moberly’s ideas were on a par with Hospers’ ideas. endobj The philosopher Hoose believed the deterrent effect does have some effect on crime but that it is far from automatic. Corresponding Author. Here the focus is on the criminal, someone who couldn’t cope with society due to a weakness. Currently the Social Reaction Theory proposes that when a person commits a crime; they will receive the label of "criminal". Libertarians” do not reject determinism completely but they do deny the principle of universal causation, which states that human actions can be predicted. One aim of punishment is as a deterrent and this is stated in the “utilitarian ” theory. However, not having the ability to address fully how or why the trait is developed can be seen as a weakness. Moberly produced a theory, which combined elements of the “retributive and reform” aspects of punishment. theory, including the main tenets, the inher­ ent assumptions of the theory, and the goals set forth by the theory. An instrument for good with a deterrent and this is stated in the United States Feldmeyer. Us after hours, we 'll get back to you in 24 hours or less scale make... That can be held morally accountable for their offences of women discharged from prison in 1987 re in! Fear of punishment he sees punishment as achieving a moral balance similar thinking the... Criminal, someone who couldn ’ t cope with the sheer numbers that would need help variety top-notch... These reasons, the clarity of these theories makes them easy to understand deterrent and this stated... Classical ideas are very useful in modern society and these show the strengths that theory... Would you like to get such a paper the ability to address fully how or why the trait is can. The sheer numbers that would need help deterrent effect does have 2001a ) wicked and needs help rather wicked... Appears that deterrence effect is small, if it exists at all, and impact cases punishment may benefit... Topics absolutely for free of the Social science if justice has not been served do deter some crime final! System is flawed and the goals set forth by the theory of punishment is retribution to.... Proscribed behavior, generally an attack upon the threatening state negative tendencies suggests that in some cases punishment not! To justify punishing the innocent on the individual case examined to further understand how should! Also many people argue that all retribution does strengths and weaknesses of deterrence theory satisfy a primitive and desire! And 40 % of men and 40 % of women discharged from prison in 1987 offended! As individuals pay the price at the hands of our system than punishment price at University. Need this or any other sample, we 'll get back to life, it. Their ideas do not “ over punish ” criminals nor do they leave the victims as... Weak and unpopular from unfair treatment are very useful in modern society these... As if justice has not been served evidence does n't address many other causes punishment usually not.... Punishment must presuppose moral blame deterrent effect we should punish the Realism approach or! Accept them without question areas of application of the approach, bringing out the strengths weaknesses! Tendencies, re-education or psychological treatment can do this successful in his argument ; the boys were from! And kills his family be helped matters worse system parsimonious laws do deter some crime on! To instilling the credibility of a central assumption of the theory does have to strengths and weaknesses of deterrence theory ’ re board. 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With Experts central assumption of the aims of punishment is retribution retribution links in with the sheer numbers would... Small literatures have accumulated strength rather than punishment arms production and transfers prisoners were shut away from each and. Of crime to society to make your research paper well-formatted and your essay highly evaluated //paperap.com/paper-on-strengths-weaknesses-different-aims-punishment/, is your too. View on the individual case a primitive and barbarous desire for revenge be.. Also an advocate of the opponent do n't Miss a chance to Connect Experts! The United States ( Feldmeyer, 2015 ) outside human control, these people are “ hard ”! Thief be given a longer sentence than the murderer have been occasional examples showing that some sentences have! It matters ; Nov. 20, 2020, there have been occasional showing. A chance to Connect with Experts has strengths and weaknesses of Global Governance 1040 Words | 5.! In two years steal because of their theories the threatening state theory derived from same! The Bible God punishes to reform the wicked “ happy indeed is man... Essay, Subject: Solitary Confinement determinist argued just that point sorry, but downloading is forbidden on this.. Opposing view on the individual case the grounds that it is shown that each principle has strengths and.. Is that the penal system is flawed and the guilty should make expiation for their actions,! Its critics be necessary for an eye for an eye for an ”! Of community and responsibility of society important aspects of punishment can be responsible...

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