Retributivist Theory Of Capital Punishment Essay

Improved Essays
1. Pojman defines punishment as an evil (to punish is to inflict harm, unpleasantness or suffering and not necessarily pain) inflected by a person in a position of authority upon another person who is judged to have violated a rule. And then he breaks the following statement down which then come with questions of morality. Two of the questions that he raises are “ Under what conditions is it right to cause harm or inflict suffering?” And “Should we punish everyone who commits a moral offense?

2. The leading theories of punishment are Retributivist, Utilitarian and Rehablitationist.
Retributivist theory focuses on the nature of the crime and punishes based on what has already happened. Kant, C.S. Lewis and Herbert Morris were believers of
…show more content…
Sees punishment as a temporary suppressant, and because we are all human beings with free will, punishment is not a successful deterrent. However, this theory is seen to reduce moral problems to medical problems. I believe that Rehablitationist theory when concerning capital punishment, would morally oppose it. The death penalty is the most extreme form of punishment, and since this theory sees punishment as a short term resolution to the issue of crime, it could be argued that the death penalty is the state’s way of attempting to permanently deal with the issue. With this said, there are still serial murderers and capital punishment isn’t working as a deterrence. The underlining statement of the Rehabilitative theory is there will always be these types of criminals because we humans have free will to do as we wish, no matter how crude our systems of punishment are. Moving away from the death penalty and instead of working with criminals to rehabilitate them either to be a better member of society or even within the prison walls is the more moral way to go about the issue of repeat offenders. Even the worst of criminals are still human, and who are we to take a human life

Related Documents

  • Improved Essays

    It is often said that people deserve a second chance and that is the purpose of putting criminals in jail, for them to think about what they’ve done and make them feel miserable enough so that they won’t commit another crime. However, that is not the solution for murderers. Once you’ve tasted blood and you liked it, there is no going back, that is why many of those who are released from prison on parole, kill again. In cases like this capital punishment is the only deterrent. People should not have to be afraid walking on the streets, knowing that a previous murderer might strike again taking away another life of an innocent…

    • 899 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    So, when analyzing the difference between the prevention and retribution models of punishment, we see similarities and differences. Some of the similarities of prevention to retribution are the ways in which punishment is delivered. Both believe in incarceration but for different reasons. Preventionists believe by locking up convicted criminals it will prevent others from committing similar crimes. They also think by that will convince that criminal from committing future crimes.…

    • 216 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    It is thought that long term imprisonment in the UK is one of the most efficient and the “conservative view on imprisonment in a post rehabilitation age took the form of the strategy of general incapacitation that would achieve large crime prevention gains by imprisonment of substantial numbers of ‘run-of-the-mill’ felons” (Zimring and Hawkins, 1995:11). However, persistent offenders are not always dangerous and long term imprisonment of these individuals could be damaging to the likelihood of being able to rehabilitate them and bring them back into…

    • 1129 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    1. Capital Punishment- ethical and moral debate of the death sentence According to Thomas Long, the author of “Capital Punishment- ‘Cruel and Unusual’?” , Long argues that Capital Punishment is unconstitutional because pain and suffering from Capital Punishment is not justified. He claims that until capital punishment is regarded as more effective punishment than less severe punishments, capital punishment cannot be justified.…

    • 415 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Igor Primoratz Analysis

    • 968 Words
    • 4 Pages

    PHI 2600 Section U02 Fall 2015 Introduction to Ethics Third Paper Assignment Student: Gretel Herrera- Martinez Panther ID: 3339147 Topic: Does Igor Primoratz succeed in his argument that murderers deserve the dead penalty? In this easy we are going to analyze the position of Igor Primoratz with respect to dead penalty. In my opinion the author successfully argument his position, that murders deserve the dead penalty.…

    • 968 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    (1350)Against the Death Penalty: An Analysis of Reiman’s “Moderate” Retribution Theory This argument against the death penalty will examine the “moderate retribution theory of Jeffrey Reiman. In this theory, the premise of retribution for murder defines the validation of the death penalty, yet not in the abuse of justice found in the American criminal justice system. Reiman believes that the death penalty should be abolished because criminals are not always cognitively aware of the crimes that they commit, which demands the rehabilitation of the individual. Reiman argues against the death penalty because it offers an extreme form of punishment for crimes that are rarely “conscious” in the mind of the criminal.…

    • 1458 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Rational-Deterrence Theory

    • 1120 Words
    • 5 Pages

    In the 1980s and 90s, public perceptions of crime reached a tipping point, as Americans polled cited crime as the most pressing national problem of the day, even compared with issues like the economy (Reske, 1994). Throughout much of the country, and in Canada as well; national, state, and local legislation shifted toward more punitive responses to crime, including policies like mandatory minimum sentencing, expansion of the death penalty, three-strikes laws, zero-tolerance. These policies had their theoretical basis in rational-deterrence theory, which posits that we all are rational beings therefore the most effective way to reduce crime is to use harsh punitive measures as a deterrent disincentive for potential criminals. Perhaps the most…

    • 1120 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The punishment of innocents invalidates the “weak retributivist” (Alexander, 1983, p. 238) position for it contradicts its moral injunction against the persecution of innocents (Lempert, 2002). “Strong retributivism” posits that the injustice imposed on the innocent minority is less than that society will suffer were the guilty not sufficiently punished (Alexander, 1983, p. 238). However, the assumption that the obstacle to assuring just punishment lies in the lack of capital punishment, rather than a fallible justice system (Hood & Hoyle, 2015), is wholly misguided for the risk of offenders escaping justice remains regardless of the death penalty.…

    • 97 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    While it is simple to recognize who deserves punishment, the retribution theory fails to describe what they deserve. Roberts-Cady explains of how others perceive the retribution theory: as an unfair advantage to those who actually followed the rules; these people are fair play theorists. Some retributive theo-rists would agree with “an eye-for-an-eye,” which means that the punishment should be equiva-lent to the crime. If a person kills someone else, he ought to be killed. However, it is impossible to inflict the same exact harm; for example, Hitler committed genocide against millions, but it would not be the same punishment by just killing him.…

    • 1610 Words
    • 7 Pages
    Superior Essays
  • Superior Essays

    Punishment for criminal offences is a practice that had been present since the inception of human civilizations across the globe. In ancient times too, people were convicted and punished for committing crimes which encompassed heinous crimes like murder. Though the modes of punishments varied from what are present today, different forms of retribution were thoroughly present in those ancient civilizations. But it must be noted that the entire criminal justice system, today, has changed, and to ensure that no one is unduly punished, the criminal justice systems of different countries across the globe resort to several procedures. Today criminal law has the responsibility to meet several different objectives which ensure that justice is served,…

    • 1326 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    In a Kantian world with moral laws, capital punishment does not seem to be a theoretical solution for punishing murders. But when someone does commit murder those individuals render their rights, and henceforth would acknowledge their action with consequences, such as capital punishment. Jeffrey H. Reiman presents various argument against the use of capital punishment with no adequate evidence of effectiveness. Capital punishment is a reasonable method to punish offenders for crimes committed, and is used for extremes heinous acts; it is also used under great scrutiny. Instead, Jeffrey H. Reimn conveys the notion of any violation of moral duties should be dealt with that same manner to the offender.…

    • 1490 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The four Philosophies of Punishment (1) Retribution: It is a hypothesis of equity that considers proportionate punishment an adequate reaction to wrongdoing. This retribution theory essentially fit the ethical gravity of a wrongdoing committed and, to a lesser degree, the qualities of the guilty party. Furthermore, it is utilized as the premise for discipline which includes compulsory sentencing strategies and sentencing rules frameworks. These disciplines are a social articulation of the individual retaliation the criminal 's casualties feels, reasonably kept to what is best for society all in all. This basically suggests "eye for eye" judgments.…

    • 1106 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Criminal justice is often centered around simple punishment for the offender. In a situation where a crime creates harm, justice is often synonymous with revenge. Restorative justice and rehabilitative therapy are two different approaches to justice that offer different perspectives and understanding of reconciliation. Both of these approaches allow for healing but the two different theories complete this objective in different ways. Restorative justice and rehabilitative therapy offer different in depth lenses of reconciliation in criminal justice through multi layered perspectives, while also sharing some concepts.…

    • 1016 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Restorative Justice Case Study

    • 1522 Words
    • 7 Pages
    • 18 Works Cited

    Introduction: Restorative justice is the idea that harm caused by a crime can be repaired (Wallis, 2007) and that the victim and community can be restored to how it was previously, rather than resorting to punishing the offender…

    • 1522 Words
    • 7 Pages
    • 18 Works Cited
    Great Essays
  • Superior Essays

    I will also be defending Jeremy Bentham’s position, and the utilitarian view of punishment. To begin, Immanuel Kant was a firm believer in the term retributivism.…

    • 1240 Words
    • 5 Pages
    Superior Essays