Purposes Of Punishment Essay

Purposes Of Punishment Essay-34
A justification is required because punishment itself is morally problematic (Duff & Garland, 1994).It is “a deliberate and avoidable infliction of suffering” (Honderich, 1970, p. It involves actions that are generally considered to be morally wrong or evil were they not described and justified as punishment (such as depriving a person of his or her freedom) (see, Cavadino & Dignan, 1997a; Duff & Garland, 1994; Hart, 1963; Hazewinkel-Suringa & Remmelink, 1994; Sullivan, 1996).

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While, in the different approaches, the general justification of the practice of punishment is always a normative matter, the purposes at sentencing can be handled in a descriptive or prescriptive manner.In practice, elements of different philosophies may be implicit and combined both at the level of purposes of sentencing (general justification) and at the purposes at sentencing (aims).The exact form of such combinations may be determined by eclectic considerations depending on specific characteristics of the offence, the offender, and the sentencing judge.This chapter discusses the various ways that the State’s reaction to offending can be legitimised as well as the subsequent goals that could guide this reaction.A number of theoretical and philosophical approaches exist that consider legitimacy and goals of punishment in depth.The third context within which penal actions can be identified is in public life (i.e., on the streets, in shops, public parks).The fourth and final domain is within the framework of intermediary social groups in society, such as the family, work or school.Affordable Housing Forum | Asia Global | Bonger Instituut | Dutch Colonial History | Europe Generations | IIDE | ISSA | Studio Meritis Ma KOM | Orbis | Paula Bermann | Recht te Utrecht | Recht te Voet | Rozenberg Publishers | Voices In one of his essays, John Stuart Mill noted that even if we admit the legitimacy of inflicting punishment, many conflicting conceptions of justice regarding the proper apportionment of punishment to offenders come to light (Mill, 1867).This statement touches the core of what theories and philosophies of punishment are about.Crime exerts external influences on our lives over which we feel we have little or no control (Steenstra, 1994).In an era of mass communication and extensive media coverage of crime, such an awareness is inescapable.

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