- What is retribution?
- is one of the justifications used for the punishment of both juveniles and adults
What embodies the idea of retribution?
This is the idea of “you do this to me, so I do this to you.” Or in other, more philosophical terms, if you engage in wrongdoing, it is only proper that you receive your just deserts punishment that is proportionate to the harm that you have caused
What idea does it hinge upon
- Retribution hinges upon the idea that punishment is merited or deserved
- Discuss the three types of personal attributes that might influence acts of delinquency?
- 1st There is a lack of cognitive capacity that youth experience. In other words, they typically do not have the ability to reason as a fully developed adult does
- 2nd The ability to control impulses is essential to being able to translate an understanding of rules or laws into action. In large part, this kind of self-control is developed over time and strengthened each time a young person has the choice to act impulsively and consciously chooses not to do so
- 3rd Resistance to peer pressure is a skill that is also being developed during the teen years. The social force of a group to encourage delinquency is one that a single teenager often has a difficult time staving off even if they have a solid grasp on right and wrong when alone
- What are the justifications for punishment?
Retribution, deterrence, incapacitation, and rehabilitation, restoration
- What is deterrence, what is it rooted in, and focused on?
rooted in the assumption that human beings are rational and make free choices for which they should be responsible.
- To deter means to prevent
- focused on the future and preventing crime through punishment
- What is the philosophy of deterrence? With respect to deterrence theory, what is the most important factor?
rooted in Jeremy Bentham’s (1748–1832) utilitarian philosophy—
- is to maximize the happiness of the greatest number of people.
- According to the philosophy of deterrence, people are out to increase their own happiness, and sometimes this pursuit is not in the interest of the greater society (especially if it makes them happy to go out and harm others or commit crimes
- What is incapacitation
The concept refers to making someone incapable of committing a crime,
- usually from either isolating or restricting their movement and/or choices within society.
- As with the concept of deterrence, incapacitation is oriented toward the future and is concerned with preventing crime and delinquency.
What is selective incapacitation?
a variant of the incapacitation justification that states that high-risk offenders can be identified and incapacitated for long periods, while lower-risk offenders can be handled with less serious punishments and for shorter amounts of time
