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Punishment is defined as the infliction of a penalty for an offense. The novel Crime and Punishment by Dostoevsky took place in St. Petersburg, Russia, mid 1860s. The main character, Raskolnikov, committed the murder of a pawn broker and her sister which he became ill with guilt. He is accused as the murderer but denied it until the end where he eventually confessed and was sent to Siberia. In the novel, Raskolnikov had an unbearable amount of guilt, faced punishment by imprisonment, and gave his heart to God for forgiveness. Conflicts he was put through helped illuminate the meaning of the novel: For all crimes, there will be punishment.…
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Aristotle once said, “It is in justice that the ordering of society is centered”. In our society there are theories of justice, which is Retribution, Utilitarianism and Restitution. These forms have similarities and differences and are use in many different social groups every day.…
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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.…
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Should rehabilitation be valued over retribution in the United States criminal justice system? This is a very subjective question which calls for opinions and doubts. Retribution operates under the belief that the criminal cannot be reformed or rehabilitated and that the punishment serves the purpose so that the criminal will not want to commit the crime again or in the first place. However, that does not always work. There will be no deterrent effect if the public considers the punishment to be discrimination or persecution. Rehabilitation should be most definitely be valued over retribution in the United States criminal justice system at least…
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Any individual that breaks the law is punished, a criminal penalty can be ranked from a small fine or community service to the death penalty, there’s no general agreement on how the courts should punish if the individual is guilty. Perhaps they’re five different types of philosophical principles that guides the sentencing in the United States: deterrence, rehabilitation, retribution, incapacitation, and restoration. These can differ in very important ways, some feel tension that punishment should fit the crime committed, but others believe that the punishment should fit the criminal. These points can influence the time about sentencing. Some people accept that they are consequences for having a criminal conduct. Finally, some of the consequences…
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The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…
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As a judge, they play many roles; but the main purpose of their role is, “Sentencing.”…
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Section 718 of the Criminal Code of Canada outlines the six purposes of sentencing. The following six purposes under s. 718 are “1. to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; 2. to deter the offender and other persons from committing offences; 3. To separate offenders from society, where necessary; 4. To assist in rehabilitating offenders; 5. to provide reparations for harm done to victims or to the community; 6. To promote a sense of responsibility” (Criminal Code, 1985). This is not the first time Mr. Custaldi has come in contact with the criminal justice system nor is this his first time being convicted of assault. Mr. Custaldi was on probation when he had committed his…
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The policy goal in terms of responding to child sexual assault and abuse is to decriminalise the occurrence of child sexual assault and abuse and this aims to achieve more equality, understanding, fairness, justice and reconciliation within the society. This can be achieved through the application and utilisation of Restorative Justice (RJ). In terms of the stakeholders, the survivors, their families, the community and the government organisations would benefit from the reparative and restorative aspect of RJ as they would believe that the offender truly understands their wrongdoing and knows and attempts to make amends. In terms of the offender, they would greatly benefit by utilising the RJ process, as they would be given…
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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.…
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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…
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In the 1700’s before there were correctional systems to incarcerate offenders, people were brutally beaten as a punishment until they became a little more humane and started putting them in jail to serve time as a punishment. In the early 1800’s the first real prison in the United States was available to put offenders away, this prison was called Philadelphia’s walnut street jail and this prison was viewed as the perfect opportunity for offenders to think about the crimes that they have committed and admit to what they have done. In the Mid 1800’s the Cherry Hill penitentiary was opened and this prison was said to be humane and gave the inmates the opportunity for rehabilitation.…
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Three major themes that we have talked about so far are where can we find/see God, the beneficial effects of restorative justice, and helping a cause not only for the effects of charity, but also for the effects of justice. First, in class, we talked about how we can find and see God in the Biblical foundations and in the Sacraments. Many of us discussed our “images of God”. For me, my image of God is on a very personal level. Although I have only ever attended Catholic school for my entire life, I wouldn’t identify “my God” with all of the confined and contradictory teachings and doctrines of the church. For example, we can see God’s grace and goodness in the Gospel in the parable concerning the slaves and…
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A person obtains Guilt when they are accused of a crime they have committed, substantial, and minimal. Though there are exceptions sometimes when guilt begins to form and we have no power over it. On the contrary Guilt can also be when somebody who is blameless are said to have committed the crime. Guilt can come in many forms but one most common is a emotion. Though majority of all people that have a conscience feel bad for the wrongdoing that they commit. In the novels Crime and Punishment by Dostoyevsky and Metamorphosis by Kafka the authors incorporates guilt into the plot showing guilt and its motives take part in the transformation of Gregor and Raskolnikov.…
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In today’s criminal justice system, jails and prisons are becoming more overcrowded due to the recent increase in crime rates. Many criminal justice agencies have recently found a new method of punishment that can be used deter people from committing criminal actions and further prevent overcrowding the prisons. This new method of punishment is known as restorative justice. This new method of punishment focuses on having the offender restore the losses of both their victim and their community in lieu of being incarcerated (“Restorative Justice”, n.d.). One example of a restorative justice program in the state of Arizona is the Arizona Department of Juvenile Correction's Juvenile Intensive Probation Supervision program.…
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