Punishment 1 - Theories of Punishment What punishment is...

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Theories of Punishment What punishment is (first attempt at df.): Hard treatment Inflicted for violation of law On a person convicted of a crime By a legal authority Why it needs justification: How can deliberate infliction of harm on another ever be ok? Such action seems intrinsically wrong; 2 wrongs don’t make a right
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Expressive Function of Punishment Justice Holmes: Punishment is the price society makes people pay for committing a crime. Q: is punishment just a price? Distinguish: Price: Charging $50 for a pair of shoes Fine: Assessing $50 for illegal parking Punishment: jail or heavy fine for stealing
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Expressive Functions of Punishment Add to first df. punishment above: that punishment must express resentment of criminal. What sort of resentment? 1. Revenge: a) Striking back to express vindictive resentment of victim a) Victim compensated by suffering of criminal 2. Reprobation: express condemnation of criminal’s act, intention express state/community judgment that crime is wrong 3. Reciprocity/gift exchange: return bad for bad
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Punishment 1 - Theories of Punishment What punishment is...

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