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10 Goals and philosophies

10 Goals and philosophies - committing it He said the bible...

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Goals and philosophies Tradition Becari / Bentham Legal positivism Goals of current system Restorative justice - Tradition o Trail by ordeal There is a place called purgatory It is possible to pray and have their experience of purgatory shortened So the extreme punishments where to reduce time in purgatory and possibly prevent people from going to hell Seen as the merciful thing to do The systems of justice in Europe at the time where inquisitorial o Inquisitorial system The presumption is you would not have been arrested if you were not guilty Burden of proof is on the accused Judge is an active participant who investigates it - Beccaria / Bentham o Beccaria 1764 published an essay called crimes and punishments Enlightenment – REASON Individuals are rational beings Trying to maximize pleasure Minimize pain Punishment Swift Certain Proportional There was no system Punishments only need to be as punitive as to deter people from
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Unformatted text preview: committing it He said the bible indicated proportionality Clarity is important Argued against gun control • Said that an unarmed citizen is easier to prey upon o Jeremy Bentham Very aggressive on the use of religion Refereed to natural rights as nonsense upon stilts We need to make the laws proportional and measurable Suggested using prison in order to strip people of their liberties Law should not enforce morality Law should not include what people ought to do The Pan optican • Prisoners cannot see when the guards are watching • System becomes self regulatory o Main Goals of today Fairness Detection Apprehension Enforcement o Main goals after crime Specific Deterrence • Person not do crime again General deterrence • Have everyone be deterred by seeing it Rehabilitation Incapacitation Retribution...
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10 Goals and philosophies - committing it He said the bible...

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