What was the viewpoint Bentham subscribed to in terms of punishment?
utilitarian principle to augment the total happiness of the community; evil of punishment should be less than the benefit of punishment
According to Bentham, how should we apply criminal punishment?
punish only if it promises to “exclude some greater evil”; punishment is an evil– mischief
When should punishment not be inflicted according to Bentham?
when it is groundless, inefficacious (where it cannot prevent mischief); unprofitable, and needless
According to Blackstone, key to punishment is __________.
deterrence (prevention of future crime); to change the offender, deter others, and incapacitate the offender
Who is atonement/expiation for according to Blackstone?
for God
What does Blackstone say is the right basis for punishment?
“ought always to be proportioned to the particular purpose it is meant to serve, and by no means exceed it”
What is the wrong basis for punishment according to Blackstone?
For atonement/expiation as God handles that; not a big retributivist
What does Nygaard say is the proper goal for the penal system?
primary product: safety (protection of society); primary goal: correction
What are Nygaard’s critique of retribution?
no utilitarian value, retribution looks to the past while safety looks to the future, facilitates regret and the “malignant growth of hatred”; presumes incorrectly of free will
What is Nygaard’s proposed solution?
discover causes of crime through research (behavioral); triage system of people (the benign for whom nothing needs to be done, the truly dangerous whom nothing can be done and those whom the expenditure of effort may effect change)
What are Toumala’s valid and Biblical goals for criminal punishment?
that an offender deserves to be punished (retribution) and that he owes payment (restitution) to the victim
How does Toumala frame Atonement as a model for Retributive Justice
Punishment is good. There must be punishment to atone sin (God cannot let sin go unpunished). Civil authorities must apply attributive principles as God does. Focuses on satisfying demands of justice, not forward looking (rehabilitation).
What is Toumala’s response to Nygaard?
Deterrence or rehabilitation (Nyagaard) does not achieve justice for the victim, rather the offender is left with burden of guilt.
What does Toumala think the role of the Church and state is in punishment?
It is the Church, not the state that has been entrusted with reconciliation. State should be limited to punishing criminals and requiring restitution.
