Utilitarianism Flashcards
(18 cards)
What is the core principle of Utilitarianism in punishment?
Punishment is justified if it results in the greatest good for the greatest number—its benefits must outweigh the suffering caused.
What approach does utilitarianism take to punishment?
Forward-looking—it focuses on preventing future harm rather than responding to past wrongdoing.
What are the three main justifications under utilitarian punishment?
Deterrence, Incapacitation, and Rehabilitation.
What is deterrence in utilitarian punishment?
Reducing crime by instilling fear of punishment—either to prevent the same offender from reoffending (individual) or to discourage others (general).
What are the key factors that affect general deterrence?
Certainty, speed, and severity of punishment.
Why might general deterrence be ineffective?
Offenders often don’t know sentencing laws, doubt they’ll be caught, and act based on social/personal factors rather than rational calculation.
What is individual deterrence?
Deterring a specific offender from committing further crimes by giving them a negative experience of punishment.
What is the ‘less eligibility’ principle?
Prison conditions must be worse than the lowest standard of life in society to deter future offending.
What are some problems with deterrence as a moral justification?
It can lead to disproportionately harsh punishments (“overkill”) and undermine fairness and justice.
What is incapacitation?
Preventing reoffending by physically restricting the offender’s ability to commit crimes (e.g., imprisonment).
What are the risks of relying on indeterminate sentences?
Risk of false positives (over-punishing low-risk offenders) and false negatives (releasing dangerous individuals).
What punishment is related to incapacitation?
indeterminate sentences -where they must demonstrate no risk of reoffending to be released
What is rehabilitation?
Using punishment to improve an offender’s character or behaviour, reducing their likelihood of reoffending.
What is desistance theory?
The idea that offenders stop offending due to internal changes (e.g., identity shift) and life circumstances, not just punishment. -challenges the justification of individual deterrence
What is the ‘anti-deterrent’ effect of punishment
Labelling theory- Being labelled a criminal can increase offending by stigmatizing the individual and making reintegration harder.
Why is certainty of punishment important in deterrence?
Offenders are more likely to be deterred if they believe they will definitely be caught and punished.
Why is the speed (celerity) of punishment important in deterrence?
Swift punishment strengthens the connection between the crime and its consequence, making deterrence more effective.
What role does severity of punishment play in deterrence?
More severe punishments can deter crime, but only up to a point
-e.g death penalty
