Expert answer:Describe the four validations for punishment

Answer & Explanation:10.pptx Describe the four validations for punishment: deterrence, incapacitation, treatment, and desert.
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Justice, Crime, and Ethics
8th Edition
Chapter 10
Criminal Sentencing:
Goals, Practices, and Ethics
Copyright © 2014, Elsevier Inc. All Rights Reserved
1
Punishment
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Graeme Newman states, “Punishment must,
above all else, be painful.”
Garland argues that punishment is also a
product of social structure and cultural values
Five reasons for punishment:
1.
2.
3.
4.
5.
Deterrence
Incapacitation
Treatment
Desert
Restoration
Copyright © 2014, Elsevier Inc. All Rights Reserved
2
Deterrence
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Supports punishment as an example of what
awaits lawbreakers
For punishment to deter:
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Pain of the punishment must exceed the pleasure
of the crime
The penalty must be imposed
Two forms of deterrence:
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General
Specific
Copyright © 2014, Elsevier Inc. All Rights Reserved
3
Incapacitation
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Prevents offenders from having opportunity
to commit new crimes
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Major issue with incapacitation is the inability
to predict accurately who will commit future
crimes
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Increase in prison population
Copyright © 2014, Elsevier Inc. All Rights Reserved
4
Treatment
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Treatment emphasizes correctional intervention
with the individual offender
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Compatible with incapacitation, the inability
to design and implement effective programs
matched to suitable types of offenders plagues
this methodology
Copyright © 2014, Elsevier Inc. All Rights Reserved
5
Desert
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Based on the notion that the offender deserves
to be punished
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Requires that penalties be imposed only
on those who have committed a crime
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The punishment should be proportional to
the crime committed
Copyright © 2014, Elsevier Inc. All Rights Reserved
6
Restoration
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Restoring victims from the harms of crime
Balance needs and interests of victims,
communities, and offenders
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Focus not on imposing pain
May not be suitable for serious crimes
Ethical Issues:
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Non-law trained persons make sentencing
decisions
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“Privatizes” the offense
Copyright © 2014, Elsevier Inc. All Rights Reserved
7
Utilitarianism vs. Equity
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Utilitarian approach
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Equity approach
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Deterrence
Incapacitation
Treatment
Desert
Mackie’s Paradox of Retribution
Copyright © 2014, Elsevier Inc. All Rights Reserved
8
The Practice of Punishment
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The core dilemma in punishment is trying
to achieve a balance between
considerations of equity and utility
The constant ethical questions:
1.
2.
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When is the state justified in imposing punishments
How severe should they be?
Determinate vs. Indeterminate Sentencing
Copyright © 2014, Elsevier Inc. All Rights Reserved
9
Honesty about Punishment
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The Truth-in-Sentencing movement
aimed to see violent offenders serve at
least 85% of their sentence
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Possible solutions;
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Keep offenders incarcerated longer
Lower court-imposed sentences
Combine the above, by increasing time for
only violent offenders and reducing it for
others
Copyright © 2014, Elsevier Inc. All Rights Reserved
10
Prediction in Punishment
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The assignment of criminal penalties
involves the prediction of future criminality
Two errors in predicting “dangerousness”:
1.
2.
False positive
False negative
Copyright © 2014, Elsevier Inc. All Rights Reserved
11
Discrimination in Sentencing
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One issue concerns the definitions of offense
seriousness
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E.g., Federal sentencing rules stating that crack
cocaine is punished more severely than cocaine in
powder form
The past quarter century has seen many efforts
to reduce the disparity of sentencing by making
the process more equitable
Copyright © 2014, Elsevier Inc. All Rights Reserved
12
Conclusion
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A central determinant of how one may resolve
ethical issues is the resolution of the conflict
between utility and equity
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These ethical issues require us to think about
what is right or wrong with sentencing and
criminal punishment
Copyright © 2014, Elsevier Inc. All Rights Reserved
13
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