Justifications for Punishment

Justifications for Punishment - J Here’s the criticism at...

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Justifications for Punishment: o Utilitarian-Deterrence Theory J States that the justification for punishment is that it produces the greatest amount of happiness by deterring future crime. (Such a theory is forward-looking.) J Let’s say that Dade County enacted tomorrow that it would no longer punish crimes. Although laws don’t stop all crimes from occurring, the absence of them (along with their appropriate punishments) will keep people from asking themselves, “What’s going to happen to me if I do this crime?” J Criticism: this theory uses people merely as a means to the ends of others. The clearest example of this is slavery; you disregard them as ends in themselves but means with which they can get all the things that they want (labor, etc.).
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Unformatted text preview: J Here’s the criticism at work: Let’s say police wanted to reduce the amount of house burglary occurring. To do this, the police, in the event of a house burglary, find homeless people that they can frame and throw in prison. The next day, the papers will say that the streets are safer and would discourage more people from committing that crime. Though the end was reached (greater happiness), the people who actually did the crime still aren’t punished. o Retributivism – the justification for punishment is that the person deserves it for the crime they committed (backward-looking) J the person who would hold to this theory from this course would be Kant; if ur going to punish someone it’s cuz that’s the right thing to do...
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This note was uploaded on 09/30/2011 for the course PHILOSOPHY PHI2600 taught by Professor Siegmann during the Spring '11 term at FIU.

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