Sociology 2256A/B Study Guide - Midterm Guide: Property Crime, Jeremy Bentham, Correctional Service Of Canada
20 Apr 2016
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Key elements of punishment: must involve pain of other consequences normally considered unpleasant, must be enacted for an offence against the rules, must be imposed on an actual or supposed offender for his/her offence, must be intentionally administered by individuals other than the offender, must be imposed and administered by an authority constituted by a legal system against which the offence is committed. The wrong doer and the state have a moral obligation to punish the offender: punishment is justified because it is deserved (only because the offender deserves it), lex talionis and eye for an eye, respect for free will, protection from extra punishments, reduces discretion, how do we rank the seriousness of the offenses, where do we anchor punishments, doesn"t give the courts adequate power to punish dangerous/persistent offenders, ignores inequalities in society. Denunciatory punishments are typically harsh and must be publicized. Denunciation theory is a hybrid of retribution and utilitarianism.
