Explore BrainMass
Share

Judicial and Penal system with punishment

This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

How effective do you feel our judicial and penal systems are in punishing or rehabilitating criminals? Why? Again, give specific examples and illustrations.

© BrainMass Inc. brainmass.com March 21, 2019, 12:56 pm ad1c9bdddf
https://brainmass.com/philosophy/ethics-morals/judicial-penal-system-punishment-84613

Solution Preview

Judicial and Penal Systems with Punishment

Notes by Bjarke Viskum, University of Stirling, PhD (ip)

Q: How effective do you feel our judicial and penal systems are in punishing or rehabilitating criminals?

1) There are three major theories about how state punishment can be justified: a Consequentialist, a Retributivist and an Abolitionist theory.
2) The consequentialist account argues that a system of punishment is justified by its consequential benefits - most notably its efficiency as a method of preventing or reducing crime. Punishment could serve that end by for example deterring potential offenders or by rehabilitating those whose past crimes showed them in need of such reformative treatment. This account faces the objection that pursuing such goals could lead to injustice because we might for example achieve an overall higher deterrence effect by punishment a few innocent people. Furthermore, even if this problem can be overcome by introducing non-consequentialist constraints forbidding punishment of innocent people, the consequentialist account also faces the objection that it ...

Solution Summary

Judicial and penal system with punishments are examined.

$2.19