Denunciation (penology)
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Denunciation (penology)
Denunciation in the context of sentencing philosophy demonstrates the disapproval of an act by society expressed by the imposition of a punishment. The purpose of denunciation is not so much to punish the offender but to demonstrate to law-abiding citizens that the particular behaviour which is being punished, or denounced, is not acceptable. In this respect, it has been argued that "punishment is not like a private letter; it is like a billboard put up on a busy street… it is also meant for the victim of crime and for the public at large”. Denunciation is one of five different objectives that punishment is thought to achieve; the other four objectives are deterrence, incapacitation (for the protection of society), retribution and rehabilitation. Theories Instrumental denunciation Durkheim (1960) argued that denunciation was a form of education in that punishment "reinforce(s) the conscience collective of society and thereby ensure(s) that members of society continued t ...
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Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mi ...
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Bill Wringe
''An Expressive Theory of Punishment'' is a 2016 book by Bill Wringe, in which the author tries to develop and argue for what he refers to as a " denunciatory theory" of punishment. References External links An Expressive Theory of Punishment 2016 non-fiction books Ethics books Works about punishment Palgrave Macmillan books {{ethics-book-stub ...
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Deterrence (penology)
Deterrence in relation to criminal offending is the idea or theory that the threat of punishment will deter people from committing crime and reduce the probability and/or level of offending in society. It is one of five objectives that punishment is thought to achieve; the other four objectives are denunciation, incapacitation (for the protection of society), retribution and rehabilitation. Criminal deterrence theory has two possible applications: the first is that punishments imposed on individual offenders will deter or prevent that particular offender from committing further crimes; the second is that public knowledge that certain offences will be punished has a generalised deterrent effect which prevents others from committing crimes. Two different aspects of punishment may have an impact on deterrence, the first being the ''certainty of punishment'', by increasing the likelihood of apprehension and punishment, this may have a deterrent effect. The second relates to the ''se ...
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Incapacitation (penology)
Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending. Purpose Incapacitation is used primarily to protect the public from offenders who are seen as sufficiently dangerous that they need to be 'removed' from society for a period of time, which is achieved usually by sending the offender to prison ( incarceration). In most countries, prison sentences are applied for a range of different crimes but are almost certain to be applied to those who commit serious assaults, murder or sex crimes. However, the risk that offenders pose to society is largely a matter of perception. As a result, how the justice system in one country treats a ...
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Retributive Justice
Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., '' schadenfreude'', sadism), and employs procedural standards. Retributive justice contrasts with other purposes of punishment such as deterrence (prevention of future crimes) and rehabilitation of the offender. The concept is found in most world cultures and in many ancient texts. Classical texts advocating the retributive view include Cicero's ''De Legibus'' (1st century BC), Kant's ''Science of Right'' (1790), and Hegel's ''Philosophy'' ''of Right'' (1821). The presence of retributive justice in ancient Jewish culture is shown by its mention in the law of Moses, which refers to the punishment ...
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Rehabilitation (penology)
Rehabilitation is the process of re-educating and retraining those who commit crime. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by particular offenders – but may also involve more general education such as literacy skills and work training. The goal is to re-integrate offenders back into society. Methods A successful rehabilitation of a prisoner is also helped if convicted persons: * are not placed in health-threateningly bad conditions, enjoy access to medical care and are protected from other forms of serious ill-treatment,Clare Ovey, Ensuring respect of the rights of prisoners under the European Convention on Human Rights as part of their reintegration process'', Registry of the European Court of Human Rights. * are able to maintain ties to the outside world, * learn new skills to assist them with working life on the outside, * enjoy clear and detailed statutory regulations clarify ...
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Utilitarian
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals. Although different varieties of utilitarianism admit different characterizations, the basic idea behind all of them is, in some sense, to maximize utility, which is often defined in terms of well-being or related concepts. For instance, Jeremy Bentham, the founder of utilitarianism, described ''utility'' as: That property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness ... rto prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered. Utilitarianism is a version of consequentialism, which states that the consequences of any action are the only standard of right and wrong. Unlike other forms of consequentialism, such as egoism and altruism, utilitarianism considers the interests of all sentient beings equally. ...
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Reintegrative Shaming
In criminology, the reintegrative shaming theory emphasizes the importance of shame in criminal punishment. The theory holds that punishments should focus on the offender's behavior rather than characteristics of the offender. It was developed by Australian criminologist John Braithwaite at Australian National University in 1989. It is related to the emerging perspective of positive criminology, developed by the Israeli criminologist Natti Ronel and his research team. An example of reintegrative shaming can be found in the case of '' United States v. Gementera,'' wherein a 24-year-old mail thief was sentenced to, among other things, wear a sandwich board sign stating, "I stole mail; this is my punishment", while standing outside of a San Francisco postal facility. Shaming includes all forms social processes that in different ways have the aim of remorse in the offender. The theory highlights that the shaming is most efficient when coming from people close to the offender, such a ...
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An Expressive Theory Of Punishment
''An Expressive Theory of Punishment'' is a 2016 book by Bill Wringe, in which the author tries to develop and argue for what he refers to as a " denunciatory theory" of punishment. References External links An Expressive Theory of Punishment 2016 non-fiction books Ethics books Works about punishment Palgrave Macmillan books {{ethics-book-stub ...
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Penology
Penology (from "penal", Latin ''poena'', "punishment" and the Greek suffix '' -logia'', "study of") is a sub-component of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences. The Oxford English Dictionary defines penology as "the study of the punishment of crime and prison management," and in this sense it is equivalent with corrections. Penology is concerned with the effectiveness of those social processes devised and adopted for the prevention of crime, via the repression or inhibition of criminal intent via the fear of punishment. The study of penology therefore deals with the treatment of prisoners and the subsequent rehabilitation of convicted criminals. It also encompasses aspects of probation (rehabilitation of offenders in the community) as well as penitentiary science relating to the secure de ...
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