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Questions and Answers
What distinguishes the moral justification for punishment from its legal justification?
What distinguishes the moral justification for punishment from its legal justification?
- Moral justification is automatically established once legal justification is in place.
- Legal justification is based on philosophical arguments, while moral justification is based on laws and regulations.
- Moral justification is determined by the severity of the crime, while legal justification is determined by societal norms.
- Legal justification is concerned with the rules about punishment in laws, while moral justification questions society's ethical basis for inflicting it. (correct)
Which of the following is NOT an essential element of punishment, according to Flew's definition?
Which of the following is NOT an essential element of punishment, according to Flew's definition?
- It must involve an unpleasantness to the victim.
- It must be for an offense, actual or supposed.
- It must be imposed by an authority against whose rules the offense has been committed.
- It must be motivated by the personal feelings of resentment from the punishing authority. (correct)
How do Benn and Peters expand on Flew's definition of punishment?
How do Benn and Peters expand on Flew's definition of punishment?
- By arguing that punishment should always be proportional to the crime.
- By stating that punishment must always involve physical harm.
- By emphasizing that the unpleasantness should be a central part of the punishment. (correct)
- By including the intent to rehabilitate the offender.
What is the significance of Garland's definition of punishment, which states that it is 'the legal process whereby violators of criminal law are condemned and sanctioned in accordance with specified legal categories and procedures?'
What is the significance of Garland's definition of punishment, which states that it is 'the legal process whereby violators of criminal law are condemned and sanctioned in accordance with specified legal categories and procedures?'
Which of the following best describes how penal theory has shifted over time?
Which of the following best describes how penal theory has shifted over time?
How do the philosophical and sociological perspectives on punishment differ?
How do the philosophical and sociological perspectives on punishment differ?
What is the primary focus of criminologists and policymakers regarding punishment, according to the text?
What is the primary focus of criminologists and policymakers regarding punishment, according to the text?
How do utilitarian theories justify punishment?
How do utilitarian theories justify punishment?
What is a key argument against deterrence as a morally acceptable justification for punishment?
What is a key argument against deterrence as a morally acceptable justification for punishment?
According to Jeremy Bentham, under what condition is punishment justified?
According to Jeremy Bentham, under what condition is punishment justified?
Which of the following scenarios aligns with Flew's criteria for punishment?
Which of the following scenarios aligns with Flew's criteria for punishment?
How does the example of posting convicted sex offenders' information on the internet after prison release relate to the definition of punishment?
How does the example of posting convicted sex offenders' information on the internet after prison release relate to the definition of punishment?
Which of the following questions is most pertinent to the philosophical approach to punishment?
Which of the following questions is most pertinent to the philosophical approach to punishment?
Which theory includes the notion that the purpose of punishment is to allocate moral blame to offenders for the committed crimes?
Which theory includes the notion that the purpose of punishment is to allocate moral blame to offenders for the committed crimes?
The text mentions that punishment ensures that people understand that laws are there to be obeyed. What broader purpose of punishment does this align with?
The text mentions that punishment ensures that people understand that laws are there to be obeyed. What broader purpose of punishment does this align with?
What is the primary concern of 'past-oriented theories' of punishment?
What is the primary concern of 'past-oriented theories' of punishment?
What is the key feature of a 'consequentialist theory' of punishment?
What is the key feature of a 'consequentialist theory' of punishment?
Which of the following best contrasts retributive and utilitarian theories of punishment?
Which of the following best contrasts retributive and utilitarian theories of punishment?
Which of the following is a necessary component for an action to be defined as punishment according to the criteria outlined?
Which of the following is a necessary component for an action to be defined as punishment according to the criteria outlined?
The text says, "some answers are based on reasons having to do with preventing crime, whereas others are concerned with punishment being deserved by an offender." Which distinct theoretical approaches to punishment does this statement represent?
The text says, "some answers are based on reasons having to do with preventing crime, whereas others are concerned with punishment being deserved by an offender." Which distinct theoretical approaches to punishment does this statement represent?
Imagine a scenario where a community decides to implement mandatory community service for juvenile offenders as a means of punishment. According to the text, which consideration would challenge the effectiveness of community service as a genuine form of punishment?
Imagine a scenario where a community decides to implement mandatory community service for juvenile offenders as a means of punishment. According to the text, which consideration would challenge the effectiveness of community service as a genuine form of punishment?
What is one impact of shifts in penal theory on the purpose of punishment?
What is one impact of shifts in penal theory on the purpose of punishment?
A judge sentences a repeat offender to a longer prison term than usual, not because of the severity of the current crime, but to prevent them from committing further crimes in the future. Which theoretical approach to punishment is most evident in this scenario?
A judge sentences a repeat offender to a longer prison term than usual, not because of the severity of the current crime, but to prevent them from committing further crimes in the future. Which theoretical approach to punishment is most evident in this scenario?
How would a utilitarian justify the act of punishing a criminal?
How would a utilitarian justify the act of punishing a criminal?
An action meets all the criteria of punishment except it is a natural consequence of the offender's actions. Based on the definitions provided, how would we classify this action?
An action meets all the criteria of punishment except it is a natural consequence of the offender's actions. Based on the definitions provided, how would we classify this action?
What is a primary difference between how a moral philosopher and a criminologist might approach the study of punishment?
What is a primary difference between how a moral philosopher and a criminologist might approach the study of punishment?
If a court prioritizes punishment to send a message to society that certain behaviors are unacceptable, which goal of punishment is being emphasized?
If a court prioritizes punishment to send a message to society that certain behaviors are unacceptable, which goal of punishment is being emphasized?
If a penologist asserts that the type of penalty is less impactful than the severity of the penalty, what claim would this support?
If a penologist asserts that the type of penalty is less impactful than the severity of the penalty, what claim would this support?
Which statement best represents a forward-looking approach to punishment?
Which statement best represents a forward-looking approach to punishment?
Pain and pleasure are the great springs of human action. When a man perceives or supposes pain to be the consequence of an act he is acted on in such manner as tends with a certain force to withdraw him as it were from the commission of that act. If the apparent magnitude be greater than the magnitude of the pleasure expected he will be absolutely prevented from performing it.
Pain and pleasure are the great springs of human action. When a man perceives or supposes pain to be the consequence of an act he is acted on in such manner as tends with a certain force to withdraw him as it were from the commission of that act. If the apparent magnitude be greater than the magnitude of the pleasure expected he will be absolutely prevented from performing it.
Which of the following concepts is most at odds with "the censure and hard treatment elements of punishment?"
Which of the following concepts is most at odds with "the censure and hard treatment elements of punishment?"
Flashcards
Punishment (Legal Sense)
Punishment (Legal Sense)
A sanction imposed for a criminal offense, involving unpleasantness to the victim, for an offense, by an authority, and not a natural consequence.
Punishment (Garland's Definition)
Punishment (Garland's Definition)
The legal process where violators of criminal law are condemned and sanctioned according to legal categories and procedures.
Three perspectives of Punishment
Three perspectives of Punishment
The philosophical, sociological, and criminological.
Utilitarian Theories of Punishment
Utilitarian Theories of Punishment
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Retributivist Theories of Punishment
Retributivist Theories of Punishment
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Deterrence
Deterrence
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Utilitarian Justification of Punishment
Utilitarian Justification of Punishment
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Study Notes
- The moral justification for punishment differs from its legal justification.
- The moral justification needs establishment even if the law allows punishment.
- Punishment-related topics include rationale, justification, and nature.
- Rules about punishment are in laws and regulations.
Core Elements
- Examines the conceptual basis of punishment.
- Reviews theories that justify society's infliction of punishment.
- Theories include deterrence, retribution, just deserts, rehabilitation, incapacitation, and restorative justice.
Perspectives
- Philosophical perspective.
- Sociological perspective.
- Criminological perspective.
Defining Punishment
- Punishment involves unpleasantness to the victim.
- Punishment is for an offense, actual or supposed.
- Punishment is of an offender, actual or supposed.
- Punishment is the work of personal agencies, not natural consequences.
- Punishment is imposed by an authority against whose rules the offense was committed.
Additional Elements
- Unpleasantness should be essential.
- Punishment should reflect resentment, indignation, disapproval, and reprobation.
- These attitudes are the censure and hard treatment elements.
Nuances
- Punishment implies a system of rules distinguishing it from other unpleasantness.
- David Garland defines punishment as the legal process of condemning and sanctioning law violators according to legal categories and procedures.
Questions on Punishment
- Why should offenders be punished?
- They deserve it.
- It will stop them from re-offending.
- It tells victims society disapproves of the harm.
- It discourages others.
- It protects society.
- It allows offenders to make amends.
- It ensures laws are obeyed.
Balancing Act
- Courts balance crime prevention reasons with the idea of deserved punishment.
- Penal theory shifts based on politics, policy, and social movements.
- A focus on deterrence shifted to reform/rehabilitation, then back to retribution/just deserts.
Theoretical Approaches
- Moral philosophers focus on the "ought" of punishment.
- What should be the goals of punishment?
- What values should the criminal law contain and promote?
- What is the purpose of punishment?
- Social theorists and criminologists also theorize this concept.
- Sociological perspective focuses on the “is” of punishment - what punishment is actually intended for.
- Criminologists and policymakers focus on penalties and relevant policy concerns.
Dominant Theories
- Utilitarian theory.
- Retributive theory.
- Utilitarian theory links to deterrence.
- Retributivist theory focuses on past actions.
- Theories of deterrence, retribution, just deserts, rehabilitation, incapacitation, and restorative justice seek to justify the question of "Why punish?"
Deterrence Defined
- People avoid actions due to aversion to possible consequences.
- It is hard to determine if the type or severity of penalty affects deterrence success.
- Some view it as morally unacceptable if it cannot be achieved.
Utilitarian View
- Punishment is justified only if it prevents more harm than it inflicts.
- Unless punishment deters further crime, it adds to human suffering.
- Utilitarianism is a consequentialist theory.
- Deterrence is a forward-looking punishment theory.
- Jeremy Bentham saw pain and pleasure as drivers of human action.
- If perceived pain is greater than expected pleasure, the act is prevented.
- Cesare Becarria argued the aim is to prevent new crimes by the offender and others.
- Punishment is only a means to an end.
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