Five Major Theories Of Punishment Essay

There are five common theories of punishment in the criminal system. One theory is retribution, which is the act of responding to an injury with an injury. A second theory is deterrence, which is the act to discourage or prevent action while inhibiting the criminal behavior, especially by fear with use of punishment. Incapacitation is the third theory, which is the act of making them incapable and lacking in qualification. The fourth theory is restoration, which is the act of taking steps to repair harm by involving all stakeholders. The final idea is rehabilitation, which is the act of restoring to the former capacity and of good repute. Contrary to these theories on punishment is the idea of decriminalization which is the act of lessening …show more content…
The “get tough on crime movement” with lawmakers proposing stricter laws than the previous lawmaker who proposed strict laws. These tougher laws and sentences are then seen as the solution to the problem when the crime rate begins to fall. The movement try to use a one size-fits-all solution to the problems of crime. This is supported by the mandatory minimum sentencing with the judge being removed from using discretion to show mercy in some cases. Another idea is the three strikes law, that increases the sentences of convicted felony and the final strike being the harshest with usually life in prison. This idea follows with the rise of Supermax prisons and the 23 hours of solitary confinement. This not helpful to the inmates as they are more likely to suffer from more negative emotions and reactions in solitary confinement and the rouble they have when trying to go back into the real world. However, this one size-fits-all solution has lead to the quadrupling of the incarceration rate in the US since the 1970s. Until the 1970s, rehabilitation was an important part to the US prison system. The policy encouraged the development of job skills and educational opportunities. This policy was helped by the role of psychology and the services that they can provide. With their services and the opportunities provided they can help with the problems of substance abuse or violent behavior. Somewhere between 15% and 20% of the inmates are mentally ill, which leads the prisons to fill in as mental hospital instead of a prison. The psychologist and other involved in the rehabilitation are limited with just the basic mental health needs and this takes away from the time that is need to help the prisoners transition back to the real world. A more community based system would solve some of these problems compared to the more individual based