Theories of Punishment

Question 1

Social Condemnation

Answer 1

Punishments take their character as punishment from the condemnation which precedes them and serves as the warrant for their infliction

Question 2

Retribution

Answer 2

Principal justification for imposing punishment - offenders deserve punishment

Question 3

Rehabilitation

Answer 3

Is it good for society to return individuals to society with the negative vacuum of punishment induced fear

Question 4

Deterrence

Answer 4

Specific: Deter this particular defendant from committing future similar crimes

General: Deter others from committing similar crimes

Question 5

Restraint

Answer 5

Separate from society

Question 6

Economic Efficiency

Answer 6

Criminal sanctions are generally reserved for individuals who suffer from solvency issues - Posner
Seidman - we have as much crime as we want

Question 7

Reconciling the justification

Answer 7

Major goal is to forbid and prevent conduct that threatens substantial harm to individual or public interest. How do you balance this with not over punishing