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Crime and Punishment Philosophies
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Incapacitation
A preventative theory which aims to remove the ability of the offenders to commit further crimes by isolating them, most commonly through imprisonment.
Retribution
This philosophy asserts that punishment is justified as a form of moral vengeance. Offenders must pay for their wrongdoings, equivalent to the crime committed.
Rehabilitation
This philosophy focuses on changing an offender's behavior through interventions and supports so they can return to society as a law-abiding citizen.
Utilitarianism
A consequentialist theory that would justify punishment if it results in the greatest good for the greatest number; associated with philosophers like Jeremy Bentham.
Preventive Theory
Focuses on preventing crime by implementing measures that dissuade people from committing criminal acts, often overlapping with deterrence.
Deterrence
The idea that punishment serves as a deterrent to discourage the offender and others from committing crimes in the future. It includes both specific and general deterrence.
Restorative Justice
This approach focuses on the needs of the victims, the community, and the offenders, and emphasizes making amends and restoring relationships, rather than punishment.
Divine Retribution
A philosophy where punishment is perceived as God's direct response to wrongdoing. Its morality is often governed by religious texts or doctrines.
Proportionality
It states that the punishment should be directly proportional to the harm caused by the crime, serving both retributive and utilitarian purposes.
Vindication
A retributive philosophy where the role of punishment serves to uphold the authority of the law by affirming its validity when broken.
Restitution
Aims to restore the victim to the original state before the crime occurred. The offender plays an active role in the process by compensating for the harm caused.
Moral Education
This theory suggests punishment can have a didactic function, teaching the offender and society about the importance and reasons behind the laws.
Selective Incapacitation
Strategic isolation of individuals deemed to be a high risk of committing further crimes, thereby trying to protect society from their potential future actions.
Expiation
Based on the belief that offenders can atone for their crimes and cleanse their guilt through suffering or punishment prescribed by law.
Just Deserts
The principle that criminals deserve to be punished, with the severity of punishment proportionate to the severity of the crime committed.
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