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The Courts and Punishment

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Why is punishment dispensed out after a criminal conviction? There are numerous theories behind this idea including general and specific deterrence, retribution, revenge etc. Select one type of conventional sentence (imprisonment, probation, etc.) and one non-traditional option (boot camp, community service, etc.) and analyze them as to whether they fulfill the rationales behind the application of punishment. If they don't, why are they utilized?

Please include references. Thanks.

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Solution Summary

In reference to courts and the types of punishment dispersed after a criminal conviction, this solution examines the theories behind these decisions e.g. deterrence, retribution, revenge etc., and then analyzes one type of conventional sentence (imprisonment, probation, etc.) and one non-traditional option (boot camp, community service, etc.) to whether they fulfill the rationales behind the (theoretical) application of punishment. And, if they don't, why are still utilized?

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Please see response attached (also below). I hope this helps. Best of luck and take care!

RESPONSE:

1. Why is punishment dispensed out after a criminal conviction?

There are numerous theories behind this idea including general and specific deterrence, retribution, revenge etc. Each type of punishment is linked to specific theories of criminal punishment, such as:

A. Utilitarianism - This theory is forward looking and focuses on preventing harm in the future.

1. Deterrence
a. General - the idea is that punishing this criminal is to deter others from doing the same criminal act.
b. Specific - the idea here is that punishing this particular criminal (e.g., person who got charged with drinking under the influence) is to deter this criminal act (e.g., Drinking under the Influence).

2. Incapacitation - this type of punishment is to protect society by separating the criminal either by incarceration or stigmatization.

3. Rehabilitation - this type of punishment is to "cure" the criminal to prevent future crimes.

B. Retributivism

1. Retribution - ...

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