The Philosophy of Punishment
The ideas about imposing
consequences for particular actions do have a plausible inclination. However,
there is a mystical stereotype about these actions that a lot of people seem to
be easily circumvented by. Punishment is
defined as something negative and unfavorable, and it is these characteristics that
the criminal justice system emphasizes when a sentence is rendered. The act of implementing a form of retribution
on an offender is a necessary element, whether it is by incapacitation or
monetary sanctions. Nevertheless, if the punishment does not fit the standards of
negative consequences for the offender then the consequences have no just cause
except for the removal from society.
Meaning that if an offender does not see his or her punishment as a
negative occurrence (punishment) then whatever formal proceedings about the
situation that is being dealt with has no purpose, except for the removal of an
offender from society, and even that can be deemed as not a sufficient
punishment by the offender (the "not a big deal" mentality).
Moreover, adequate punishments are
difficult to attain if an offender has this ideology about punishment and attempting
to conjure up an effective consequence has extreme difficulties. Since the law requires the punishment be
placed upon the person or persons that committed or aided in the offense any
options outside of this realm are impossible, as well as impractical. For example, if an offender does not think or
feel that they are being punished then stepping into the external boundaries of
an offender’s life would be a reasonable consideration. Although, this consideration loses its merit
because the other extremities are not involved with the criminal act (ie. punishing
family, friends, or business relationships), again, the only positive outcome
is that the offender has been removed from the community, which in turn makes
it a safer place to live. It is a
discussion like this (the one you are reading) that brings attention to the
uselessness of stiff sentences, theories of deterrence, and zero tolerance policies. All of these alleged forms of punishment only
work if the person receiving the consequences thinks that it is detrimental. The idea that society benefits is half true;
yes, the removal of an offender can have its perks, but the burden to support
this person while they are incarcerated falls back upon society. Even with
the minimal necessities being incorporated the amount of financial assistance
required for the sustainment of one’s life behind bars is a burden amongst many
law abiding citizens.
Lastly, the idea of punishment only works for habitual offenders or extremely callous criminals, using an approach that only seeks to punish a person displays an apathetic distribution of justice and suggests that people cannot be properly rehabilitated. Many dilemmas about the administration of justice and how it should be applied can be eliminated from this theory. If an offender commits a heinous crime the use of swift punishment seems to be ideal; however, if an offender can be properly restored to the common standards of society then not utilizing this approach is an egregious attempt of humanity.
Lastly, the idea of punishment only works for habitual offenders or extremely callous criminals, using an approach that only seeks to punish a person displays an apathetic distribution of justice and suggests that people cannot be properly rehabilitated. Many dilemmas about the administration of justice and how it should be applied can be eliminated from this theory. If an offender commits a heinous crime the use of swift punishment seems to be ideal; however, if an offender can be properly restored to the common standards of society then not utilizing this approach is an egregious attempt of humanity.
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