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Which is a better general justifying aim for punishment? Rehabilitation is the most valuable ideological justification for punishment, for it alone promotes the humanising belief in the notion that offenders can be saved and not simply punished.
The rehabilitative ideal alone conveys the message that the state has an obligation to help those who fall short of the standards of behaviour it has set.
These people are often those with the greatest social disadvantages that have constrained them to a life in crime in the first place. This has no place in any enlightened society. The rehabilitative ideal does not ignore society and the victim.
In fact it is because it places such great value on their rights that it tries so hard to change the offender and prevent his reoffending. A sanction should not merely be helpful — it should treat the offending conduct as wrong. This is why we punish; we punish to censure retributionwe do not punish merely to help a person change for the better rehabilitation.
We still have to punish a robber or a murderer, even if he is truly sorry and even if he would really, really never offend again and even if we could somehow tell that for certain. This is because justice, and not rehabilitation, makes sense as the justification for punishment.
There are other important reasons as well: Rehabilitation vs Retribution Which approach has greater regard for the offender? Which approach has greater regard for the offender? Rehabilitation has another important value — it recognises the reality of social inequity. To say that some offenders need help to be rehabilitated is to accept the idea that circumstances can constrain, if not compel, and lead to criminality; it admits that we can help unfortunate persons who have been overcome by their circumstance.
It rejects the idea that individuals, regardless of their position in the social order, exercise equal freedom in deciding whether to commit a crime, and should be punished equally according to their offence, irrespective of their social backgrounds.
Policies that ignore these realities foster hardships that will fall primarily and disproportionately on the already disadvantaged, and deepen the resentment that many inmates find difficult to suppress upon their release back into such a society.
Crime is not pathology, it is not the product of circumstance, and it is certainly not the product of coincidence.
To say otherwise i. It appeals to an inherent sense of right and wrong, and in this way is the most respectful to humanity because it recognises that persons are indeed fundamentally capable of moral deliberation, no matter what their personal circumstances are.
Rehabilitation vs Retribution Yes because Which is a better basis for determining sentencing? As a guide to the sentencing decisions of judges, having rehabilitation as a goal provides the most flexible and sensible direction. With rehabilitation as a guide sentencers can give a penitent offender, or an offender who has learnt from his mistakes i.
On the other hand it can give offenders a different or tougher sentence to help them reform, if they are less likely to reform. This simplistic notion of vengeance is primitive if not barbaric, and should not be encouraged in society. Retributivism advocates that more serious crimes should be punished more seriously, because the more severe the violation of our rules, the greater the censure that is needed.
It means that if X, a pickpocket, would get punishment A, then Y, a robber who uses force and then rapes his victim should get a proportionately more severe punishment, punishment B.
What matters is merely that more serious crimes are treated proportionately more seriously. When it comes to deciding the quantum of punishment, proportionality retributivism is the only consistent and fair approach. Rehabilitation vs Retribution Does rehabilitation actually work?
Does rehabilitation actually work?
Even if it only worked for some people, is that not still worthwhile? It is no different with rehabilitative programs — we should certainly support them if they can be shown to work.
And indeed, the most recent studies show that they do. While some rehabilitative programmes work with some offenders those who would probably change by themselves anywaymost do not. Many programs cannot overcome, or even appreciably reduce, the powerful tendency for offenders to continue in criminal behaviour.Rehabilitation should start from the begining of the prison sentence to the end of the sentence, just like Norway does.
Should Incarceration Serve as Rehabilitation or Retribution Should Incarceration Serve as Rehabilitation or Retribution 1 Introduction Incarceration refers to the state of being confined in a prison.
It may also mean detention, custody or captivity. This is usually as a result of a crime committed, and serves the offender as a form of punishment. Should Incarceration Serve as Rehabilitation or Retribution 1 Introduction Incarceration refers to the state of being confined in a prison.
It may also mean detention, custody or captivity. Should Incarceration Serve as Rehabilitation or Retribution Essay Sample. Introduction. Incarceration refers to the state of being confined in a prison.
It may also mean detention, custody or captivity. This is usually as a result of a crime committed, and serves the offender as a form of punishment. _should_ you should seek positivity, instead of negativity.
so incarceration should occur after forgiveness, and serve as rehabilitation (reprogramming).
but then people are people. and victims are wrecks who want retribution. and a cold dungeon is definitely cheaper on . Should Incarceration Serve as Rehabilitation or Retribution Should Incarceration Serve as Rehabilitation or Retribution 1 Introduction Incarceration refers to the state of being confined in a prison.
It may also mean detention, custody or captivity. This is usually as a result of a crime committed, and serves the offender as a form of.