Punishment and Crime
Recently, I had to give my teen son a spanking for breaking his curfew by remaining out past his bedtime. Because he disobeyed one of the guidelines, he was disciplined. Isn't that the way things usually play out? Even in the culture we live in. If you violate the rules of society, often known as the laws, you will be punished.
The ability of the government to control and punish particular acts is referred to as "criminal law" in its broadest sense. The activities end up being criminalised as a result of the new laws that are enacted. Let's take a look at the actual conditions of criminal punishment given that being out beyond your curfew is not considered a crime and being grounded is not considered a kind of criminal punishment.
Criminal punishment must:
- Inflict harsh consequences
- To do as the law mandates
- To be ordered deliberately as a form of punishment
- comply with directives issued by the government
I know that my son will not enjoy being grounded, but I chose this form of discipline on purpose so that it may serve as his punishment. On the other hand, it is neither a law, nor is it something that the government has mandated.
On the other hand, let's say that the reason why my son was running late was because he was pulled over by the police. Because he ran a stop sign, he was issued a ticket. It is mandated that he appear in court for traffic violations and pay a fine in the amount of $400. This is not nice, but it is required by the law, it is being done on purpose so that it can act as his punishment, and the government has ordered it.
Various Theories of Punishment
There are two primary factors that contribute to the government's role in the administration of criminal punishment. The first option is to exact revenge. The concept of retribution refers to an approach to punishment that places the focus on the wrongdoer rather than the offence, with the goal of ensuring that justice is served. According to this theory, criminals deliberately choose to act in an unlawful manner and, as a result, they should be held accountable and blamed for their actions. You might have some experience with revenge. The concept is based on the proverb "an eye for an eye," which states that retribution should be proportional to the severity of the wrongdoing.
Criminals are made to "pay their debt to society" when they are punished for their actions. Take note that the 'debt' is equivalent to the crime that was committed. It is more appropriate to say "an eye for an eye" than "an eye for a leg." For instance, the traditional consequence for disobeying a stop sign is a monetary punishment. Homicide is a serious crime that can result in a lengthy jail sentence and possibly the death penalty in some cases. Running a stop sign does not typically result in a sentence that involves significant time behind bars.
The second justification is for preventative measures. The prevention theory of punishment is one that looks forward and punishes the criminal in an effort to deter the offender from committing other crimes in the future.
I give my son detention in the hopes that he will grow to detest the repercussions to the point where he will never again desire to go out past his bedtime. I also have the hope that his siblings will learn from the experience, and that they will never again go out beyond their bedtime. This particular concept is referred to as deterrence. I have high hopes that I would be able to 'discourage' not only my kid but also my other children. The idea behind deterrence is that the possibility of being punished is more compelling than the desire to commit a crime.
Expected Penalty
Take note that deterrence can only be effective if the criminal is afraid of being punished. As a result, a great number of experts place value in expected punishment. When calculating the cost of committing a crime, one approach to do it is to look at the expected punishment.
The calculation of the expected punishment takes into account the following five different factors:
- The possibility of getting caught and prosecuted for the offence you committed.
- The possibility of facing charges in the event of an arrest
- The likelihood of being found guilty if the case were to go to trial
- The possibility of serving time in jail in the event of a conviction
- The approximate number of years spent behind bars in the event of a conviction
Increased probabilities have the impact of discouraging behaviour to a greater degree. On the other hand, the modern criminal justice system does not necessarily result in the level of predicted punishment that is intended. For instance, during the 1960s and 1970s, there was a threefold increase in the number of serious offences that were reported to the police. Despite this, there was no change in the total number of criminals who were sentenced to prison for committing major offences. As a result, what was considered to be a respectable expected penalty in the early 1960s was seen to be a low expected punishment by the late 1970s.
Even if there has been a general decrease in crime since the beginning of the 1990s, the number of people locked up in prisons has continued to rise. This indicates that the level of predicted punishment has increased slightly, although it is still significantly lower than what it was in the early 1960s.
Conclusion
Let's review. The capacity of the government to control and punish particular acts is referred to as the criminal law. There is a sanction that corresponds to every criminal offence.
Criminal punishment must meet four requirements:
- Inflict harsh consequences
- Be ordered by the court
- Be purposely ordered as a form of punishment
- comply with directives issued by the government
There are two primary schools of thought regarding the appropriateness of incarceration:
- The perpetrator of the wrongdoing is punished as a kind of retribution since society views this as the appropriate response to the offence.
- The purpose of punishment is to deter criminals from committing other offences in the future, and prevention is focused on the future.
A form of crime prevention known as deterrence occurs when the possibility of being punished is more compelling than the desire to commit an offence. However, deterrence is only effective if the offender is afraid of a punishment that is proportionate to the offence.
This is a method for calculating the cost of committing an offence that takes into account the following factors:
- The possibility of being found out and taken into custody
- The possibility of facing legal action.
- The likelihood of receiving a conviction
- The possibility of being sent to jail or prison
- The approximate number of years that will be spent behind bars
Outcomes of Reading
After you have reading this, you should be able to do the following:
- Define criminal law
- Determine the four prerequisites for receiving a criminal sentence.
- Describe the two primary approaches to the concept of incarceration.
- Describe the link that exists between the concept of deterrence and the concept of expected punishment.
- Please enumerate the criteria that are utilised to determine the anticipated level of punishment.