Utilitarian Vs Retributivism Essay

Improved Essays
Assignment 1
Retributivists and utilitarians have fundamentally different ideas of what the goal of punishment should be. These ideas lead to opposite positions on whether courts should offer lesser sentences for criminals who collaborate with police. For example, a defendant is charged with selling $100,000 worth of heroin under their crime boss, who is suspected of distributing half the heroin in the city of Chicago and several murders as well. The prosecutor offers to drop the offender’s charges in exchange for information to convict the crime boss and threatens him with a 20-year-long prison sentences and a $2 million fine if they do not collaborate. I propose that the retributivist would not support this deal and the utilitarian would support it. The retributivist would not support the deal because it is inconsistent with the purpose of
…show more content…
The two purposes discussed were to right wrongs (retributivist) and to influence actions (utilitarian). A retributivist individual would not support the deal because they demand that the guilty party be punished for their actions regardless of the consequences. Moreover, a retributivist would be distressed over the thought of using the defendant to gain information and disrespecting their humanity. On the other hand, a utilitarian individual would support the deal because it influences the defendant to provide helpful information to convict a crime boss. Rule utilitarians especially would follow the deal through and avoid criminals losing faith in the prospect of no jail time and thus failing to extract information in similar circumstances. Since society wastes less time, money, and resources in convicting a larger number of criminals if the defendant were to leak information, we should support this deal as the utilitarians Bentham and Rawls likely would to protect society from drug

Related Documents

  • Improved Essays

    Plea-bargaining is an important process in the criminal justice system and are used to prevent lengthy trials. It is defined as “the process of negotiating a guilty plea involving either charge bargaining, where the prosecutor will offer to reduce the severity of the charges or the number of counts in exchange for a guilty plea, or sentence bargaining, where the prosecutor will agree to recommend leniency at the sentencing stage” (Hemmens, Brody, & Spohn, 2013). However, there are both pros and cons with plea-bargaining. One reason why plea-bargaining is an advantage to the court system is because it helps to relieve caseloads since the prosecutor’s workload decreases when a defendant takes the bargain. Also, when a defendant goes this route,…

    • 421 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    In this essay I will discuss two approaches to punishment which are retributivism, also known as non-consequentialism, and utilitarianism, also known as consequentialism. I will then analyse three justifications of punishment within the utilitarian approach which are reform and rehabilitation, individual and general deterrence and incapacitation. Retributivism is a sociological perspective of crime which looks at the different forms and changes in punishment. It is a backward thinking approach as it does not look at future consequences of punishment and is mostly concerned with offences already committed and getting ‘justice’. This approach is considered similar to ‘an eye for an eye’ as it is based on the idea that if we inflict harm on another…

    • 1129 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    On the contrary, Robert S. Gerstein, the author of “Capital Punishment- ‘Cruel and Unusual’?: A retributivist Response”, contrasts Long’s argument by taking the retributivist side. Gerstein argues that Long only took a narrow view of Capital Punishment, and Long did not consider the legitimacy of capital punishment. Gerstein also claims that while the society rejects retributivism and considers it to be unethical, they do not fully understand the idea of retributivism.…

    • 415 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    An innocent man was released from jail after thirty years... X celebrity has received a lighter sentence after pleading guilty... These are things heard often on the news, in movies, on the radio. Evidently, plea bargaining is a part of everyday culture. But should it be?…

    • 601 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Utilitarian Ethical Theory

    • 1000 Words
    • 4 Pages

    Among the three ethical theories studied in class, the utilitarian theory can be used in explaining ethical implications of Face Recognition technology. Chonko, Larry (1-5) describes various ethical theories. However, Chonko Larry (2) asserts that utilitarian ethical theory is based on the ability of an individual to predict the significance of an action. Action in this case study is using Facial Recognition technology in iPhone X. According to the theory, an option which results in the greatest benefit to most individuals is the one who is ethically right and correct.…

    • 1000 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Neoliberalism is the overarching political-economic trend of our times, and for this reason it must be better understood by young people everywhere.. Harvey defines neoliberalism as a theory of practise that proposes that “human well-being can best be advanced by liberating individual entrepreneurial freedoms and skills within an institutional framework characterized by strong private property rights, free markets, and free trade”1. Harvey’s definition is helpful because it places boundaries around an idea that cannot truly be understood as a singular project or policy. Other thinkers agree that neoliberalism defies suck simplification. Peck and Tickell argues that neoliberalism is an elite intellectual project, a set of policies and practices and an ideology.…

    • 316 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Utilitarian and retributive positions of legal punishment can be coherently combined, although they have two competing views. One's confusion will disappear once they realize that both justifications for punishment seems to present what both sides want to say. Retributivism insists that no man can be punished unless he is guilty of breaking the law. Utilitarian's agree that punishment should only be inflicted for breaking the law, however they're focus is justifying the punishment with the good of society.…

    • 196 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Act Utilitarianism Essay

    • 1160 Words
    • 5 Pages

    This essay aims to demonstrate that the demandingness objection has probative force against the theory of act utilitarianism. I will be arguing that act utilitarianism is false because it requires the agent to make very great sacrifices in order to maximise utility. This essay will be exploring Brink (1986) and Sobel’s (2007) response to the challenges faced by act utilitarianism. I will be using Williams’ (1973) argument to demonstrate the various problems act utilitarianism encounters when attempting to show that the theory does not require the agent to make very great sacrifices. I do not intend to offer an alternative form of utilitarianism, but aim to show how the theory itself is implausible.…

    • 1160 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Explain what deterrence and retribution are. Kahan says that—in addition to deterrence and retribution—there is another purpose to punishment that theorists have ignored? In the United States, Two important philosophies to consider for the purpose of punishment are deterrence and retribution. The theory of deterrence states “Deterrence Justifies punishment to prevent harm to others. ”(Pg.…

    • 1658 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    In a very controversial case, Supreme Court ruling in U.S. v. Ruiz, 536 U.S. 622 (2002), it was expressed that to receive a plea agreement, the defendant waives the right to know all evidence against him. This…

    • 1116 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Neuroscience System

    • 1447 Words
    • 6 Pages

    The Upheaval that Neuroscience Will Bring to our Legal System It is no secret that technology is advancing at an extremely fast pace every day. Most people do not stop to think about the advancing of technology that invades an individual’s brain, thought processes, feelings, and beliefs, or even the fact that people could be convicted of a crime based solely on these new and still improving technologies. Today, neuroscience has not had much of an impact on our legal system, but Joshua Greene and Jonathan Cohen, neural philosophers, argue that neuroscience will completely change our legal system in the future. I agree with Greene and Cohen’s argument that the compatibilist justice system will eventually switch to a deterministic viewpoint,…

    • 1447 Words
    • 6 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 argue for the view in support of Stephan Nathanson’s statement. There are 2 reasons I support Nathanson’s statement of “Neither equality retributivism nor proportional retributivism can justify the death penalty” (Timmons “Disputed Moral Issues”, page 541-544). Firstly, I believe that equality retributivism cannot be utilized as a means for justifying the death penalty because it is immoral to take another persons life. Second of all, proportional retributivism fails to justify the death penalty because it fails to address how criminals should be punished by being too vague to actually apply.…

    • 970 Words
    • 4 Pages
    Superior 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
  • Superior Essays

    A punishment is considered profitable if it offers greater pleasure rather than pain towards an individual and within a community. The term “expense” (Bentham, pg.27) is applicable if the punishment produces a greater evil rather than a greater good and therefore, not an appropriate punishment. The real value and apparent value are two ideologies deemed pivotal in Bentham's theory of punishment as well. Through real value, Bentham intends to explain the “loss” or pain resulting from punishment, which the State has to identify through the subtraction of “profit” or pleasure (Bentham, pg.28). Since the criminal is part of the community, their needs are essential to be considered, and therefore the punishment inflicted should be assigned by a person of no…

    • 1460 Words
    • 6 Pages
    Superior Essays