Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Punishment
Two opposing ideas over what the purpose of punishment should be:
Aim of punishment – prevention of future crimes = REDUCTIVIST
Those who look to the past to punish crimes already committed =
RETRIBUTIVIST
In practice, most criminal justice systems have these two aims co-existing
in an uneasy hybrid combination
REDUCTIVIST principles
UTILITARIANISM
Advocated by Jeremy BENTHAM (17148 – 1832)
For punishment to reduce future crimes, the pains and unhappiness caused to
the offender must be ‘outweighed by the avoidance of unpleasantness to other
people in the future – thus making punishment morally right from a utilitarian
point of view.’ (Cavadino and Dignan)
DETERRENCE
Crime can be discouraged through the public’s fear of punishment they may
receive if they break the law
Individual deterrence
General deterrence
Reform
Rehabilitation
Mid 1970s
Research showed that ‘nothing worked’
Revival in the past 30 years of retributivist ideas under guise of ‘just deserts’
‘Just deserts’
Move by mid 1970s about individual rights – new retributivist argument – just
deserts
1858 -1917
1926 -1984