CRIMINOLOGY

Punishment on Utilitarian grounds



Punishment on Utilitarian grounds

Punishment

Punishment is a penalty imposed on a person, animal or living being (although the term is used for people in general). It is causing by continued discomfort or suffering, caused by running an action, which can be both physically and verbally, direct or indirect, against one who committed a crime. The penalty is applied as infringing the rules or moral conduct in place (from a level of society in general, to the domestic sphere, including the "self-punishment")

According to the range of severity, there are penalties that can cause physical pain to a person or entity, and even reach the mortification to correct hard, or the opposite, without going to such extremes, favoring the use of speech and being a township subsided and slowed.

The type or manner in which punishment is given depends on a broad definition, which applies the punishment, the type of conviction and the seriousness of the offense.

Utilitarianism

Utilitarian proposes the maximization of average or total welfare of the individual that will cause the cumulative good for society. The concept of punishment, considered as inhumane action and exploitation of the general public. It claims that it will only cause bad to the society, as those individuals that are punished will aimed at committing more crimes. However, punishment is considered as a sacrifice from some that will bring overall good to the society, in the long run (Hudson, 1993, pp. 33-45). There are three ways in which punishments can bring total good to the society, as proposed by the utilitarian concept. It is important to consider the concept of punishment and utilitarian justice, which can easily be understood by the concept of deterrence, rehabilitation and incapacitation.

Deterrence defines that people actions and behaviors can be altered and changed by threat of punishment. These threats can be designed in such a manner that it will cease criminal actions. When people fear severe punishments they may change their approach and behavior to legitimate actions and conducts.

Rehabilitation means that the commencement of punishment can bring about a change in a person, his perception and actions that will result in diminishing the crimes in the society. Utilitarian concept gives a definition of a criminal, as a person involved in actions that are considered faulty by common perception. Thus, punishment will bring about a change in actions which accounts for cumulative good for society.

Incapacitation relates to the concept of imprisonment, those criminals who are considered irredeemable, should be imprisoned. Incapacitating such people will ensure cumulative good for society. Imprisonment will cease them of their conducts, and involvement in general affairs and the society will be safe from their actions and crimes (Hart, 1968, pp. 1-27).

The concept of punishment is for the total good for the society, and not for the sake of punishment itself. The purpose of punishment should be to make an example out of a criminal that other may abstain from criminal actions. This theory has been severely criticized in the basis that it justifies punishing an innocent ...