Utilitarian Vs Retributive

Improved Essays
Show More
Reference: According to our text, justifications of punishment are broken down into two school theories, utilitarian and retributive. Under retributive justification, retributivists believe that punishment based on the notion that people deserve it and the punishment should be in proportion to the crime (Brody & Acker, 2010, p. 7). In short, retributivists’ beliefs are based on philosophical philosophies of punishment, dealing with the moral aspects of humanity; mainly old school eye for an eye ideology. Whereas utilitarian believes that punishment serves a beneficial purpose and is the most popular and commonly used in the American justice system (Brody & Acker, 2010, p. 7-8).
The purposes of punishment are broken down into sections under

Related Documents

  • Improved Essays

    Racial Profiling Ryberg
    • 801 Words
    • 4 Pages

    Racial Profiling Ryberg

    The retributivist’s idea is that the more severe a crime is, the more severe the punishment should be. With that foundation, two possible reactions are presented as plausible One, is that there is no connection between the way in which individuals are apprehended and the future desirability of apprehending individuals. Second, the way in which individuals are punished does not have an impact on how future individuals will be apprehended. The author concludes that retributivists would not support racial profiling.…

    • 801 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Utilitarianism
    • 920 Words
    • 4 Pages

    Utilitarianism

    The most recent Presidential election in the United States recently came to a wrap, widely being considered one of the most ridiculous elections of all time. When it was announced that the two Presidential finalists were Donald Trump and Hillary Clinton, people all around the world were shocked. With Donald Trump having no experience in politics, and Hillary Clinton previously having been in a political position, but landing herself in hot water for deleting thousands of emails, it seemed that America was almost certainly doomed. With the controversial nature of the candidates, many America citizens decided to remove themselves from the equation completely by not voting at all. If I was an American citizen, I would have done the same thing.…

    • 920 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Capital Punishment Deviance
    • 1202 Words
    • 5 Pages

    Capital Punishment Deviance

    If an individual commits a lethal act, the punishment should be appropriate to the crime. For example, retribution requires a proportion between the gravity of the crime and the severity of the punishment (Barr 2010, 3). When a person faces death through the criminal justice system; justice is restored. If the citizens do not resign offenders to their destiny, then there is an apparent imbalance. Some believe Capital punishment is a retributive measure, a way of giving a person a taste of his own medicine while satisfying our deepest instincts for justice (Blecker 2013, 2).…

    • 1202 Words
    • 5 Pages
    Improved Essays
    Read More
  • Superior Essays

    Jeffrey Reiman Retribution Theory Summary
    • 1458 Words
    • 6 Pages

    Jeffrey Reiman Retribution Theory Summary

    (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
    Read More
  • Improved Essays

    Analysis Of An Eye For An Eye By Stephen Nathanson
    • 1234 Words
    • 5 Pages

    Analysis Of An Eye For An Eye By Stephen Nathanson

    Stephen Nathanson, who wrote “An eye for an eye?” suggests the factual and moral beliefs about the death penalty are wrong and need to be strictly abolished. The passage states, “ A person’s actions, it seems, provide not only a basis for a moral appraisal of the person but also a guide to how he should be treated”. Also stated, “ What people deserve as recipients of rewards or punishments is determined by what they do as agents”. The argument claiming people should get a punishment based on what they do is accurate. What is not accurate however, is suggesting if someone murders another person, they should receive capital punishment.…

    • 1234 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Criminal Justice Vs Restorative Justice
    • 1264 Words
    • 5 Pages

    Criminal Justice Vs Restorative Justice

    This is not only applicable here at home but abroad where things like genocide or war crimes happen daily. If two nations were at war then the issue would be a war crime for which the guilty should pay. In cases where war is not a factor then things like genocide are in violation of human rights and again, the perpetrators must be brought to justice. Retributive justice is concerned also with putting everyone in their place. The long and short of it is that criminals deserve to serve out their time in prison for the things they have done.…

    • 1264 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    What Are The Four Main Goals Of Punishment And Sentencing
    • 726 Words
    • 3 Pages

    What Are The Four Main Goals Of Punishment And Sentencing

    Chapter 9 Chapter Review: Punishment & Sentencing In the book, Criminal Justice in America, by George F. Cole, Christopher E. Smith, and Christina DeJong talk about punishment and sentencing in chapter nine. Punishment and sentencing are both a love/hate relationship to an individual. The reason being is because many people will receive the proper punishment and sentence but other individuals do not.…

    • 726 Words
    • 3 Pages
    Improved Essays
    Read More
  • Superior Essays

    Punishment For Criminal Offences Essay
    • 1326 Words
    • 6 Pages

    Punishment For Criminal Offences Essay

    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
    Read More
  • Superior Essays

    Criminalization Of Women
    • 1069 Words
    • 5 Pages

    Criminalization Of Women

    The purpose of retributive punishment is to hold the offender accountable by punishing them to an extent that is roughly equal to the harm caused by their actions (Ward & Salmon, 2009, 242). The role of the state is to balance the moral ledger and that the offender would be getting their "just deserts" (Ward & Salmon, 2009, 243). However, the connection between just deserts and imprisonment is vague. Ward and Salmon (2009) explain that just deserts may apply to minor property offense, but the justification is complicated when crimes such as sexual assault are considered (243). The proportionality of the response to harm must also be considered.…

    • 1069 Words
    • 5 Pages
    Superior Essays
    Read More
  • Superior Essays

    Igor Primoratz Death Penalty Analysis
    • 1621 Words
    • 6 Pages

    Igor Primoratz Death Penalty Analysis

    For example, in exchange for murder, the criminal justice punishment could offer a life sentence in prison, or community service every day for life or whatever may be decided; but doesn’t need to be reciprocated with murder. Fellow philosopher of the morality of the death penalty Stephen Nathanson would agree with me due to his support of proportional retributivism rather than direct retributivism. This is additionally important and morally sound in that proportional retributivism would allow for different punishments within the framework of a crime; for example, not all murders are charged to the same degree, so rather than a death sentence for all murders, it would consider a lesser sentence for “lesser” murders. If Primoratz were to respond, I would expect him to suggest that, as he already noted, that leaves murder to be the only crime that does not have a sufficient punishment. While this is arguably true, this argument does not argue for the morality of the death penalty.…

    • 1621 Words
    • 6 Pages
    Superior Essays
    Read More
  • Improved Essays

    The Four Philosophies Of Punishment
    • 1106 Words
    • 5 Pages

    The Four Philosophies Of Punishment

    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
    Read More
  • Decent Essays

    Egalitarian Principle Vs Utilitarianism Principle
    • 322 Words
    • 2 Pages

    Egalitarian Principle Vs Utilitarianism Principle

    Personally, the egalitarian principle is more convincing to me compare to utilitarian principle. First of all, I believe all lives are equal, no individual is significantly superior to other, regardless of their social status, races, skin color and religious belief. The egalitarian principle aims to remove all inequality in society while the utilitarian principle is insensitive to human rights as it sometimes against the proper way to distribute utility among different persons. Just like the situation for the ECMO case, according to utilitarian principle, baby B is given up as this benefits the many. In my opinion, no matter in what kind of circumstances, a life is a life and should be viewed equally for all kind of person.…

    • 322 Words
    • 2 Pages
    Decent Essays
    Read More
  • Great Essays

    Correctional Ideology
    • 1878 Words
    • 8 Pages

    Correctional Ideology

    There are three reasons that society would use to justify a punishment ideology. The first and most common purpose is retribution. Retribution is about society and the victim getting even with the criminal. “The fundamental principle underlying the justice model is that society has a duty to punish those who break its laws and that this threat of punishment is vital in implementing the law” (Wrobleski 557). Society reasons that the answer for people that break the law is to simply get even with them.…

    • 1878 Words
    • 8 Pages
    Great Essays
    Read More
  • Improved Essays

    Criminal Sentencing Essay
    • 1107 Words
    • 5 Pages

    Criminal Sentencing Essay

    The criminal justice system maintains different goals when attempting to correct deviant and illicit behavior. In accordance to the sentencing guidelines established by United States Sentencing Commission (2011), punitive sentences are to incorporate a purpose for the sentence. Criminal sentencing can be categorized into six areas with distinctive goals: general and specific deterrence, incapacitation, retributive, rehabilitative, and equity/restitution. The sentencing goals are not exclusive and at times overlap in achieving its purpose. Furthermore, one goal is not better than another, but rather one would be more applicable in certain situations than another.…

    • 1107 Words
    • 5 Pages
    Improved Essays
    Read More
  • Superior Essays

    Contrast The Theories Of Punishment Kant And Jeremy Bentham
    • 1240 Words
    • 5 Pages

    Contrast The Theories Of Punishment Kant And Jeremy Bentham

    Pain and punishment are two words that interweave with each other in accordance with criminal justice. However, the way an individual is able to interpret these words can develop very different, and influential forms of thinking. Nevertheless, these developed forms of thinking allow individuals to form opinions on the subject, and aid in the formation our state. In this essay I am going to be explaining both Immanuel Kant, and Jeremy Bentham’s individual stances on punishment. This will include the theories of retributivism, and deterrence as leading factors to explain each theory.…

    • 1240 Words
    • 5 Pages
    Superior Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings