The punishment should fit the crime the death penalty

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The punishment should fit the crime The death penalty should be used for some offenses Definite sentence No empirical research The Positivist School Cesare Lombroso, Raffaele Garofalo, and Enrico Ferri Definition of crime: no legal definition (there shouldn’t be rules) The punishment should fit the criminal Rejects Free will: determinism (the situation, not the criminal determines the criminal’s action)
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No death penalty Empirical research Indeterminate sentence Classical and Positivists School The classical and positivist schools of thought set the foundation for these punishment philosophies: Incapacitation Retribution Just Deserts Deterrence and Rational Choice Punishment philosophies Classical School Incapacitation Past punishments: branding, cutting off the hands of thieves Today: incapacitation is used to prevent future crimes against society (incarceration) Is incapacitation an effective method of punishment? Not if we have other goals other than just locking up the criminal Goals of incarceration: keep them off the street Just desert: The offender gets the punishment deserved HOW DO WE DETERMINE WHAT THE OFFENDER DESERVES? WHAT LEGAL FACTORS SHOULD BE CONSIDERED? Retribution Historical: the victim could avenge the crime by inflicting the same crime upon the offender Today: a focus on punishing wrongdoer and expressing moral outrage Classic principles of deterrence Certainty The probability of getting caught and punished Celerity The swiftness of sanction after the crime is committed Severity More severe punishment is more deterrent Discussion How certain, swift, and severe is the criminal justice system? Justice system is not swift. Two types of deterrence Specific deterrence The offender is deterred from committing another crime Specifically you General deterrence The punishment of an offender should deter the general public who have not committed an offense
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Because of what happened to you or someone else, what effect it has on others *Exam: give examples and figure out which is which Rational choice Clarke and Cornish: The cost and benefit of a crime is weighed What does it mean to act rationally? / How would you define rationality? Do we consciously weigh our options or are individuals impulsive? Do offenders have realistic perspectives of benefits and sanctions? / Do individuals have accurate information to make informed decisions?
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