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Essay / Various justifications and ethical frameworks for punishment
What would the criminal justice system be without punishment? Perhaps the criminal justice system would no longer fulfill its function or cease to exist. Punishment is one of the main facets of the criminal justice system. It is of such importance that it even reflects the beliefs and values of a particular society. Fyodor Dostoyevsky (1821-1881) once said: “The degree of civilization of a society can be judged by entering its prisons. » (Pollock, 2010: 315). Punishment has existed since the beginning of civilization. With its rich history, the notion of punishment has been analyzed by some of the most renowned theorists, including Jeremy Bentham, Cesare Beccaria, Adolphe Quetelet and André-Michel Guerry (Pollock, 2010: 318). Once found guilty of an offense, the type of punishment must be determined. Many different justifications are used to explain why it is necessary to inflict punishment. Justifications for punishment include retribution, prevention, treatment, and rehabilitation. To better understand these logics, ethical systems such as utilitarianism, ethical formalism and ethics of care can be used. The general public should be well informed about punishment, and more so professionals in the criminal justice field, as they are directly related to it in one way or another. At one point in history, punishment and incapacitation were considered the only logical ways to respond to crime ( Pollock, 2010 : 318). The majority of people adopted a religious perspective when observing the criminals. Criminals were seen as sinners incapable of changing their behavior (Pollock, 2010: 318). From the beginning, punishment was a subject that required intellectual understanding. Two major criminologists of the classical school were Jeremy...... middle of paper ...... the retentionists are not going to end any time soon. Nor will the debate about the dilemmas and justifications surrounding punishment. Punishment is a topic known to interest people, from famous philosophers such as Jeremy Bentham and Adolphe Quetelet to almost everyone. The topic of punishment will continue to demand greater understanding. Punishment has existed since the beginning of civilization. Inevitably, over time, the forms of punishment considered acceptable today will change. Without punishment, would our criminal justice system cease to exist? Or would a functioning society cease to exist? Society will likely always rely on one form of punishment or another. Punishment is one of the main facets of the criminal justice system. It is of such importance that it even reflects the beliefs and values of a particular society..