General Philosophies Of Punishment In Criminal Justice

As a student in the criminal justice field I was able to learn in every class about the different rationales of punishment. Theories of punishment can be divided into two general philosophies which are, utilitarian and retributive. The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future wrongdoing. The retributive theory seeks to punish offenders because they deserve to be punished (Theories of Punishment, 2015).Under the utilitarian philosophy, laws should be used to maximize the happiness of society. Utilitarian’s understand that a crime-free society is non-existent, but they attempt to impose only as much punishment as is required to prevent future crimes. The theories that are used to describe reasons for punishment are known as the rationales of punishment. …show more content…
Deterrence theory justifies punishment on the basis that it reduces crime in society. Retributivism justifies punishment on the basis that it causes deserved suffering on criminals. Incapacitation is removing an offender from society, making it physically impossible and very difficult for a criminal to commit further crimes against the public while serving a sentence. Restoration is more for minor offenses, punishment may take the form of the offender righting their wrong by paying some kind of restitution. Community service or compensation orders are appropriate for this type of punishment. Rehabilitation aims to change the criminal through correctional interventions, such as drug‐treatment programs. The retributive theory explains the consequences of punishment theory, and also explains why and when the legal system should punish law breaking, rather than other moral aspects of criminal acts, which should be the main