Justifications for Punishment Flashcards
(12 cards)
Consequentialist
Actions are morally right iff they result in desirable consequeneces
non - consequentialist
actions are morally right or wrong in themselves, regardless of the consequences
utilitarianism
predictable effects of punishment on the offender and/ or society
retributivism
look backwards at the harm caused by the crime and attempt to calibrate the punishment to the crime: give criminal his/ her deserts
Four Reasons to Punish
deterrence, rehabilitation, retribution, isolation
Limits on Judicial Discretion
mandatory sentences, constitutional requirements, sentencing guidelines
Deterrence
dissuade would - be criminals from offending in the future by threatening sanction
General Deterrence
preventing the general public from offending by sending a message about prospective sanctions
Specific Deterrence
preventing the individual criminal from reoffending
Rehabilitation
reform criminals so they’re no longer disposed to commit crime
Isolation/ Incapacitation
separate criminal from general public to prevent reoffence