Define punishment, state the four functions of punishment, and explain the restorative justice perspective
What will be an ideal response?
Punishment is any action designed to deprive a person of things of value (including
liberty) because of some offense the person is thought to have committed. Historically,
punishment has had four major goals: (1) Retribution—punishment that a person
receives for infringing on the rights of others. It is based on the premise that the
punishment should fit the crime: the greater the degree of social harm, the more the
offender should be punished. (2) General deterrence, which seeks to reduce criminal
activities by instilling a fear of punishment in the general public. Recently, criminologists
have debated whether imprisonment has a deterrent effect given the fact that high
rates of those who are released from prison become recidivists (previous offenders
who commit new crimes). (3) Incapacitation, which is based on the assumption that
offenders who are detained in prison or are executed will be unable to commit
additional crimes. This approach is often expressed as "lock them up and throw away
the key!" In recent years, more emphasis has been placed on selective incapacitation,
which means that offenders who repeat certain kinds of crimes are sentenced to long
prison terms. (4) Rehabilitation, which seeks to return offenders to the community as
law-abiding citizens by providing therapy or vocational or educational training. Based
on this approach, offenders are treated, not punished, so that they will not continue their
criminal activity. However, many correctional facilities are seriously understaffed and
underfunded in the rehabilitation programs that exist. The job skills that many offenders
learn in prison do not transfer to the outside world, nor are offenders given any
assistance in finding work that fits their skills once they are released. Recently, newer
approaches have been advocated for dealing with criminal behavior. Key among these
is the idea of restoration, which is designed to repair the damage done to the victim and
the community by the offender's criminal act. This approach is based on the restorative
justice perspective, which states that the criminal justice system should promote a
peaceful and just society? therefore, the system should focus on peacemaking rather
than on punishing offenders.
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