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Criminal Justice. The 5 Principles. Retribution/Vengeance Deterrence Rehabilitation Incapacitation/Protection Restitution. Retribution. Criminals ought to suffer in some way This is due to them taking improper advantage or inflicted unfair detriment on another individual.
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The 5 Principles Retribution/Vengeance Deterrence Rehabilitation Incapacitation/Protection Restitution
Retribution Criminals ought to suffer in some way This is due to them taking improper advantage or inflicted unfair detriment on another individual. ‘An eye for an eye’ – but probably not – more restoring a moral balance or a power balance. Breaking the social contract – and is the symbolism of society’s recognition that you have broken their law. Victims take agency from the wrongdoers to get closure.
Problems with retribution ‘Two wrongs don’t make a right’. Is wholly backward-looking, doesn’t focus on creating more good – but creating harms to ‘mitigate previous harms’ – a scenario making little sense. Brutalises society in extreme cases – people take a form of pleasure in the suffering of others. Victims are irrationally barbaric in this situation.
Deterrence Imposing a sufficient penalty is necessary in order to disincentivise criminal behaviour. Sets an example to society ‘don’t do this or this will happen to you.’
Problems with Deterrence Many criminals don’t consider the consequences of their actions. Often it is merely the threat of being caught, rather than the severity of the punishment. Indeed, making a punishment large enough so that it balances the utility of committing the crime often makes it a disproportional and unfair punishment.
Rehabilitation ‘The fluffy one’ ‘People aren’t guilty really.’ Transforms offenders into valuable members of society. Prevents further offense by persuading the criminal that their action was wrong. Often people’s actions were influenced by their environment in society e.g. Growing up in a rough area, so the state has failed and hence takes on a duty of reparation towards the criminal.
Problems with Rehabilitation Practically – it doesn’t work. Not sure which rehab programmes work on whom. Depends on individual’s psychological background. Is it really possible to change a life-long socially acquired set of values? Prisoners often pretend to have rehabilitated in order to get early release.
Incapacitation The only one Andrew doesn’t think is rubbish. Keeps criminals away from society so society is protected from their misconduct. Obvious utilitarian benefit.
Problems with Incapacitation Got to let them out at some point (or maybe you don’t... But that would be inhumane) Clearly not absolute – or we’d be cutting hands off thieves (or at least giving them the option).
Restitution Relies on the idea that the criminal has been ‘unjustly enriched’ Repays the wrong that has been done, normally financially.
Problems with Restitution Keeps the criminal in contact with the victim – continuing the psychological hold on them.
(Yawn) The Death Penalty This comes up too often to be interesting ;) Arguments for: Most serious offences deserve serious punishment. No hope of rehabilitation. Effective deterrent. Affirms the innocent’s right to life. Effectively protects society Gives victim closure (life sentence celebrities.)
(Yawn)The Death Penalty Against: Brutalises society. Leads to innocents being executed. Minorities are disproportionately executed. State doesn’t value life. Denies people chance to change. Should treat everyone with a degree of humanity. Gives criminal’s family a hard time. Rubbish deterrent and equally good protection exists.
