WDW101Y1 Lecture : WDW340 January 11,18 2012.docx
Document Summary
Punishment - intentional infliction of suffering on a person in response to perceived wrongdoing. Does state have to impose punishment? e. g. or can it be private? like privately run prisons. Intrusion, breach of rights is justified by principles of fundamental justice. Retribution -deserve to be punished, unjust not to punish purpose - make person suffer. Backward looking; justified by what happened in the past. Deterrence - preventing crime through the rational fear of punishment (must be rational; not worth committing crime) specific - the offender, stops him from recommitting general - public understands law"s certainty; sending a message to the public. Reform - or rehabilitation, principle is either that the punishment will change the individual for the better, or that while the offender is being punished, they will be changed for the good e. g. drug services, jail improves offenders. Specific deterrence; not focused on improving/changing the person, but changing their rational decisions; reduces future crime.