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The Ethics of Punishment

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Collateral Consequences

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This perspective considers the additional societal and personal consequences that a punished individual faces, such as stigma or loss of rights, emphasizing the need for ethical considerations beyond the formal punishment.

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Just War Theory

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A principle that applies ethical considerations to war, where punishment of an enemy through force must abide by certain moral justifications, such as self-defense, and follow ethical guidelines.

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Moral Education Theory

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A view that sees the role of punishment as educational, aiming to teach the offender the difference between right and wrong, with ethical roots in moral development theories.

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Expiation

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An approach where the offender atones for their misdeeds by making amends, often through community service or compensation, rooted in the ethical concept of penance.

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Selective Incapacitation

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A strategy of incapacitation that targets individuals deemed at high risk of reoffending, which raises ethical questions about fairness and the potential for discrimination.

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Rehabilitation

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This approach aims to reform offenders so that they can return to society as law-abiding citizens. Ethically, it is grounded in the belief that individuals can change and that society has a role in supporting that change.

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Victim-Offender Mediation

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A process within restorative justice that directly involves the victim and offender in communication and negotiation to reach a mutually acceptable resolution, placing value on personal accountability and healing.

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Legal Paternalism

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An approach that justifies punishment to prevent individuals from self-harm, raising ethical debates about autonomy and the limits of state intervention in personal choices.

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Civil Disobedience

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A form of punishment directed at individuals who refuse to obey certain laws as a form of protest, which raises ethical questions about the justifiability of laws and the morality of punishment for moral stances.

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Moral Retributivism

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The belief that offenders ought to be punished because they deserve it, irrespective of the consequences, with a strong deontological grounding that emphasizes the morality of retribution.

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Mandatory Sentencing

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Laws that require fixed prison sentences for certain crimes, often criticized for removing judicial discretion and potentially leading to disproportionate punishments.

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General vs. Specific Deterrence

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General deterrence aims to prevent the population at large from committing crimes, while specific deterrence focuses on preventing the particular individual from reoffending, with each relying on the notion of punishment as a preventive measure.

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Consequentialist Retributivism

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A philosophy that blends retributive and consequentialist ethics, supporting the idea that offenders should be punished because they deserve it, but the punishment should also aim for social benefits.

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Retributive Deterrence

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A hybrid view that aims to blend deterrence and desert, arguing that an appropriate retributive punishment can also serve deterring purposes.

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Deterrence Theory

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This theory posits that punishment serves as a warning to deter people from committing crimes. It is based on consequentialist ethics, focusing on preventing future wrongdoing.

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Punitive Damages

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A monetary compensation awarded in civil cases that goes beyond simple restitution to penalize the wrongdoer, which can have a retributive, as well as a deterrent effect.

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Indeterminate Sentencing

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A sentencing approach that allows judges to set a range rather than a fixed period, allowing for adjustments based on behavior and rehabilitation, which raises ethical questions about predictability and fairness.

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Community Service

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A form of punishment that involves offenders performing unpaid work for the public good, promoted as a way to give back to society and make amends, which offers an alternative to incarceration.

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Positive and Negative Reinforcement

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A perspective drawn from behavioral psychology, suggesting that rewarding good behavior (positive reinforcement) or removing adverse stimuli (negative reinforcement) can be more effective than punishment.

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Denunciation

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An approach that uses punishment to publicly condemn a behavior, reinforcing social norms and values. It emphasizes the expressive function of punishment.

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Probation and Parole

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Alternatives to incarceration that still impose conditions and supervision on offenders, which is ethically situated between punishment and rehabilitation with a focus on reintegration and compliance.

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Preventive Detention

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This approach involves detaining individuals deemed a threat to society to prevent potential future crimes, often raising ethical concerns regarding liberty and justice.

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Abolitionism

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An ethical stance advocating for the elimination of certain forms of punishment, such as the death penalty or incarceration, based on arguments about human rights, social justice, or ineffectiveness.

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Death Penalty/Capital Punishment

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The most severe form of punishment, raising profound ethical concerns regarding the sanctity of life, the possibility of wrongful conviction, and whether it serves as a deterrent or retributive justice.

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Retributive Justice

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An approach where punishment is proportional to the crime committed, focusing on the past actions rather than future consequences. It is based on the principle of just deserts, stating that wrongdoers deserve to be punished.

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Distributive Justice

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An ethical approach that concerns the fair allocation of punishment throughout society, ensuring that the legal system does not disproportionately target certain groups.

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Incapacitation

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An approach to punishment where the offender is removed from society to prevent further wrongdoing. It is not concerned with moral desert or rehabilitation, but simply with protecting society.

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Utilitarianism

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An ethical framework that suggests punishment should be applied only when it leads to the greatest overall good. It is forward-looking and aims to maximize happiness while minimizing suffering.

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Restorative Justice

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An approach that emphasizes repairing the harm caused by criminal behavior, involving all stakeholders. It advocates for reconciliation and rehabilitation over retribution or punishment.

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Divine Command Theory

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An approach grounded in religious doctrine where the rules for punishment are derived from divine authority. It holds the view that what is commanded by the divine is inherently right and just.

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