Retribution & Rhabilitation

Retribution and Rehabilitation in the Criminal Justice System

This paper will discuss the merits and problems with the theories of punitive reaction (retribution and deterrence) and rehabilitation in the criminal justice system. Included within the discussion will be the idea of combining the two into one system, which addresses the aims of both theories.

The punitive reaction theory contains two somewhat separate aspects: retribution and deterrence. This theory focuses on the infliction of suffering upon the convicted person through punishment. The aim of retribution is vengeance, for both the victim and society (LaFave & Scott, 1986, pp. 25-26). The aim of deterrence on the other hand is prevention; punishment is required to deter the convicted person from committing such an act again and to deter other potential perpetrators from committing such an act in the future (LaFave & Scott, 1986, pp. 23-24). The first aspect focuses upon the act committed; the second aspect focuses upon the convicted person and other, potential, criminals.

Retribution is the oldest aim of the criminal justice system. Several justifications have been given for retributive justice. Philosophers such as Hobbes and Rousseau suggested that people in society are bound by an unwritten social contract, whereby they give up a certain amount of individual liberty in return for the safety provided by a group. This social contract theory fits nicely with the idea of retributive justice. The person who comm

Related Essays

Retribution and Reconciliation in Democracy Finding the right balance of retribution versus reconciliation in a transition to a democratic regime is a complex issue. On one .... (1624 6 )

History of Capital Punishment in the US In January 2003, Governor .... In these early days, the justifications for capital punishment were deterrence, retribution and encouragement of repentance (Ferrall 299) and Lund found no .... (1691 7 )

Kant's Views on Capital Punishment .... punishment. He argues that when the crime is murder, capital punishment is the only retribution proportional to the severity of the crime. .... (2592 10 )

Retrobutivist Argument of Capital Punishment .... It will be argued that retribution as the principal defense of capital punishment is superior to the notion that capital punishment can be defended according .... (1998 8 )

Fatalism in Icelandic Epic Prose Narrative The study will consider the impact of universal fatalism on not only feud and retribution but also friendship, family, and the rule of law---all important .... (1849 7 )

tion principles, with California passing an indeterminate-sentencing law in 1917 (Kadish, Schulhofer, & Paulsen; 1983; p. 205). Since the 1970s, however, rehabilitation has fallen out of favor, for reasons which will be discussed below. Rehabilitation is a method which introduces science into the justice system. It tends to view all criminals as "sick" and in need of treatment. Consequently, the prison system is intended as a means of "treating" these criminals and preparing them for life in society. Thus, rehabilitation advocates have relabelled the prison system as the "corrections system," a label which persists to this day. Where a criminal is sent after being convicted depends upon his "diagnosis," which occurs after the trial phase. From that point on, the prisoner receives treatment according to the diagnosis and is not released from the corrections system until he is "cured" (Menninger, 1988, pp. 50-51). The rehabilitative model eliminated traditional concepts such as moral responsibility and retribution in the criminal justice system. It replaced them with the idea of "sickness" and scientific treatment; punishment was no longer the aim of the system. Its adherents, especially those in the psychological profession, clai

Category: Government - R