Wednesday, May 6, 2020

Is Retribution A Moral Justification For The Aim Of...

Essay Question: Is retribution a moral justification for the aim of punishment? Punishment is the consequent effect that you get for doing a particular crime. Some of these punishments focus on just punishing the criminal, while others are about giving an effective punishment to make sure the person would not reoffend. There are two main theories of punishment, which are utilitarian and retributive theories of punishment. This essay will discuss the theory of retributive punishment with regards to its historical beginnings, key theorists supporting and critiquing this theory and how it is still being applied in this contemporary era. Retributive theory of punishment was all about getting a punishment for the crime. Retribution is the idea that a person should be punished simply because they are guilty. Retributionist does not care about trying to make the criminal a better person so that they can get back into the community again. Their point of view is that if you committed the crime then you deserve punishment. It was focused on looking at the damage the convict did and how they should punish them regardless of its consequences. As Niriella (2013, 235) quotes, it is â€Å"warranted as a response to a past event of injustice or wrongdoing†. This contradicts the restorative style of justice which is more forward thinking and focuses on the consequences and future events. There are two forms of retributivism, positive and negative retributivism. The positive retributivism isShow MoreRelatedTheories Of Punishment994 Words   |  4 PagesDecember 2017 Punishment is defined as â€Å"the infliction or imposition of a penalty as retribution for an offense† (â€Å"Punishment†). Some prominent theories of punishment include retribution, deterrence, rehabilitation, and the moral education theory. Although retribution, deterrence, and rehabilitation are all crucial components of punishment justification, independently the theories have weaknesses that avert the moral rationalization of punishment. I believe that Jean Hampton’s moral education theoryRead MoreThe Case For Death Penalty1252 Words   |  6 Pagessomebody who has taken somebody else’s life is simply immoral.† When considering the issue of capital punishment, many arguments are made in favor of proponents and abolitionists. There are utilitarian arguments, retributive arguments, and egalitarian arguments. Utilitarian arguments argue against the death penalty, for they look to punish criminals for the benefit and the â€Å"lesson learned† from the punishment. They believe that this is the most effective form of deterrence, because the criminal will learnRead MoreArgument Against The Death Penalty1247 Words   |  5 Pagessomebody who has taken somebody else’s life is simply immoral.† When considering the issue of capital punishment, many arguments are made in favor of proponents and abolitionists. There are utilitarian arguments, retributive arguments, and egalitarian arguments. Utilitarian arguments argue against the death penalty, for they look to punish criminals for the benefit and the â€Å"lesson learned† from the punishment. They believe that this is the most effective form of deterrence, because the criminal will learnRead MoreJustification Of Punishment Justified By Ted Honderinch s Punishment1038 Words   |  5 PagesWhy punish? Is the use of punishment Justified? Ted Honderinch’s Punishment: The supposed Justifications Revisited aim to answer these questions. Punishment is at the core of our punitive systems, therefore society needs to establish a well thought-out moral explanation as to why we punish and what we aim to achieve with the use of punishment. Honderinch set out to analyze the supposed moral claims that justify the practice of punishment and to determine if they are satisfactory enough for the intentionalRead MoreAn Evaluation of the Death Penalty1818 Words   |  7 PagesRETRIBUTIVE JUSTIFICATION1 Introduction Constitution of the death penalty as a measure for capital punishment for criminal offenders has always been controversial. It invoked several debates and arguments as early as 19th century. Several lawmakers and philosophers attempted the evaluation of death penalty as reciprocation to the serious crimes; murder. The main aim of this essay is to try to carry out justification of various arguments that have been asserted. Though opinions regarding death penalty existedRead MoreTo Whom It May Concern: Though The Death Penalty Is Administered1727 Words   |  7 Pagesbe used. In recent years, it has been found, that the death penalty exhibits cruel and unusual punishment, as well as being racially biased. Additionally, there is an ever-growing vote that the death penalty should no longer be continued by U.S. Americana citizens. The death penalty, then, is no longer a viable form of punishment. Reasons for Going Against the Death Penalty Deterrence and Retribution By large, the reason for the death penalty is penalize those who are the worst of the worst. UsuallyRead MoreThe Theory Of Rehabilitating Fender Shifted Into Focus More1212 Words   |  5 Pages As the range of fields that study crime grew, the theory of rehabilitating the offender shifted into focus more prevalently. The aim of the theory of rehabilitation is to reform the offender, that is to say, rid them of their criminal ways. Cohen sees this task to be outside the capabilities of the justice system. The myriad of components that lead an individual to crime whether they are economic, psychological or otherwise, is too complex for the justice system to be able to grok fully. CohenRead MoreReasons For The Death Penalty1741 Words   |  7 Pagesyou want from the government if you found out one of those remains was someone very dear to you that you have been looking for years? Should they receive the death penalty? The punishment for murderers and rapists should be as heinou s as the crime they committed. The death penalty is the most humane and deserving punishment that should be dealt. It is important to understand that the death penalty predates the Roman and Egyptian empires. It can be traced as far back as ancient Babylon under theRead MoreCapital Punishment : Deontology Vs. Consequentialism1165 Words   |  5 Pages Capital Punishment: Deontology vs. consequentialism Subject: Analyze the deontological and consequentialist arguments on both sides of the issue of capital punishment in Gregg v Georgia. In this paper I will present the moral arguments of deontology and consequentialism used to determine whether or not using the death penalty was in fact constitutional. I will present both sides of the arguments and present them in the context of this trial and of similar situations where the arguments couldRead MoreThe Dilemma Of The Death Penalty1703 Words   |  7 Pagesthe justification for the death penalty. The death penalty, also known as â€Å"capital punishment†, is, â€Å"the sentence of execution for murder and some other capital crimes (serious crimes, especially murder, which are punishable by death).† (Death Penalty Law, Law And Legal Definition). The death penalty has existed in America since colonial times; however, attempts to abolish or downsize the death penalty have also been around since the founding of America. The death penalty creates many moral dilemmas

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