PROTECTION OF SOCIETY
Another justification of punishment based on its alleged beneficial consequences emphasizes the need to protect society from people who have a tendency to break into another house. If someone has broken into one house, then they may well break into another house. So the state is justified in blocking them away in order to prevent them reoffending. This justification is most often used in the case of violent crimes such as rape or murder.
CRITICISMS OF PROTECTION OF SOCIETY
ONLY RELEVANT FOR SOME CRIMES
Some types of crime, such as rape, may be committed again and again by same person. In such cases restricting the liberty of the criminal will minimize the chance of the crime being committed again. However, other crimes are one-off. For instance, a wife with a lifetime's resentment of her husband may finally get up the courage to poison his muesli. This woman may pose no threat whatsoever to anyone else. She committed a very serious crime, but this is not one that she would ever be likely to recommit. For such a woman, protection of society would not provide a justification for punishing her. However, in practice there is no easy way identify those criminals who will not reoffend.
IT DOESN'T WORK
Another criticism of this justification of punishment is that imprisoning criminals only protects society in the long term it actually results in a more dangerous society, because while in prison criminals teach each other how to get away with crime. So, unless life imprisonment is given for every serious crime, imprisonment is unlikely to protect society. Again, this is an empirical argument.If its claims are true, then there are good grounds for combining protection of society with some attempt to reform the habits of criminals.
REFORM
A further justification of punishing those who break the law is the punishment tendency to reform the wrongdoers. that is, punishment serves to change their characters so thet they will no longer commit crimes when released. On this view removing freedom can serve as a form of treatment.
CRITICISMS OF REFORM
ONLY RELEVANT FOR SOME CRIMINALS
Some criminals are not in need of reform. Those who commit one off crimes should not be punished according to this justification, since they are unlikely to back the law again. Also some criminals are clearly beyond reform: there would be no point in punishing these either, assuming they could be identified. This in itself is not a criticism of the theory, just a more detailed look at what the theory implies. However , many people will find these implications unacceptable.
IT DOESN'T WORK
Existing punishments rarely reform criminals. Existing punishments rarely reform criminals. However, not all types of punishment are doomed to failure in this respect. This sort of empirical argument would only be fatal to the idea of punishment as reform if it could be shown that such attempts at reform could never be successful. Nevertheless, very few justifications focus exclusively on the reformative aspects of punishment. The most plausible justifications make reform an element of the justifications along with deterrence and protection of society. Such hybrid justifications are usually based on consequentialit moral principles.
PROTECTION OF SOCIETYAnother justification of punishment based on its alleged beneficial consequences emphasizes the need to protect society from people who have a tendency to break into another house. If someone has broken into one house, then they may well break into another house. So the state is justified in blocking them away in order to prevent them reoffending. This justification is most often used in the case of violent crimes such as rape or murder.CRITICISMS OF PROTECTION OF SOCIETYONLY RELEVANT FOR SOME CRIMESSome types of crime, such as rape, may be committed again and again by same person. In such cases restricting the liberty of the criminal will minimize the chance of the crime being committed again. However, other crimes are one-off. For instance, a wife with a lifetime's resentment of her husband may finally get up the courage to poison his muesli. This woman may pose no threat whatsoever to anyone else. She committed a very serious crime, but this is not one that she would ever be likely to recommit. For such a woman, protection of society would not provide a justification for punishing her. However, in practice there is no easy way identify those criminals who will not reoffend.IT DOESN'T WORKAnother criticism of this justification of punishment is that imprisoning criminals only protects society in the long term it actually results in a more dangerous society, because while in prison criminals teach each other how to get away with crime. So, unless life imprisonment is given for every serious crime, imprisonment is unlikely to protect society. Again, this is an empirical argument.If its claims are true, then there are good grounds for combining protection of society with some attempt to reform the habits of criminals.REFORMA further justification of punishing those who break the law is the punishment tendency to reform the wrongdoers. that is, punishment serves to change their characters so thet they will no longer commit crimes when released. On this view removing freedom can serve as a form of treatment.CRITICISMS OF REFORMONLY RELEVANT FOR SOME CRIMINALSSome criminals are not in need of reform. Those who commit one off crimes should not be punished according to this justification, since they are unlikely to back the law again. Also some criminals are clearly beyond reform: there would be no point in punishing these either, assuming they could be identified. This in itself is not a criticism of the theory, just a more detailed look at what the theory implies. However , many people will find these implications unacceptable.IT DOESN'T WORKExisting punishments rarely reform criminals. Existing punishments rarely reform criminals. However, not all types of punishment are doomed to failure in this respect. This sort of empirical argument would only be fatal to the idea of punishment as reform if it could be shown that such attempts at reform could never be successful. Nevertheless, very few justifications focus exclusively on the reformative aspects of punishment. The most plausible justifications make reform an element of the justifications along with deterrence and protection of society. Such hybrid justifications are usually based on consequentialit moral principles.
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