The theory of incapacitation assumes that the state has a duty to protect the public from future wrongs or harms, and that such protection can be afforded through some form of incarceration or incapacitation. It has also been suggested that punishing individuals because they have acted wrongly does not address the underlying causes and social conditions that have led to criminality in the first place, and that punishment needs to incorporate a more rehabilitative approach (Hudson, 2003 Zedner, 2004). Is it possible to develop a satisfactory scale of punishments for all crimes? Others question the extent to which crimes are committed by rational agents and argue that retribution unduly rationalizes criminality.
Some critics, for example, have raised questions about the difficulties of ordering or ranking offences. While the idea of retribution as a justification for criminal punishment often enjoys intuitive support, it has been subjected to various strains of criticism. They propose an 'offence-based tariff', that is, "a set of punishments of varying severity which are matched to crimes of differing seriousness: minor punishments for minor crimes, more severe punishments for more serious offences" (Cavadino and Dignan, 2007, p. Retribution theorists claim that individuals are rational beings, capable of making informed decisions, and therefore rule breaking is a rational, conscious decision. Not be greater than the gravity of the crime (Baier, 1977, p. Not be less than the gravity of the crime only those convicted of a wrongdoing or crime deserve punishment.All those convicted of a wrongdoing or crime deserve punishment.Its underlying premise has been summarized by the philosopher Kurt Baier as follows: It is the fact that the individual has committed a wrongful act that justifies punishment, and that the punishment should be proportional to the wrong committed. Retribution is probably the oldest justification of punishment and can be found in the theories offered by Kant and Hegel (Brooks, 2001). There are five main underlying justifications of criminal punishment considered briefly here: retribution incapacitation deterrence rehabilitation and reparation. What justifies punishment? What are the underlying rationales? This part of the Module examines the main purposes of criminal punishment. Topic two - Justifying punishment in the community
0 kommentar(er)
