prepare a two-page paper that addresses the following:
First, explain the purpose of criminal law.
Then, describe each of the following types of punishment:
Deterrence
Rehabilitation
Incapacitation
Retribution
Finally, argue which type of punishment is preferable/most appropriate in today’s society.
The purpose of criminal law.
Full Answer Section
2. Types of Punishment
A. Deterrence
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- Definition: Discouraging crime through fear of consequences.
- Types:
- General deterrence (scaring the public).
- Specific deterrence (scaring the offender).
- Example: Harsh penalties for drunk driving reduce repeat offenses.
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B. Rehabilitation
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- Definition: Reforming offenders through education, therapy, or job training.
- Goal: Address root causes (e.g., addiction, poverty).
- Example: Drug courts offering treatment instead of jail.
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C. Incapacitation
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- Definition: Physically preventing reoffending (e.g., imprisonment).
- Methods:
- Imprisonment (removes freedom).
- Death penalty (permanent removal).
- Example: Serial killers imprisoned for life.
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D. Retribution
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- Definition: Punishment as moral justice (e.g., "just deserts").
- Philosophy: Offenders "pay" for their crimes.
- Example: Mandatory minimum sentences for violent crimes.
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Page 2: The Most Appropriate Punishment in Today’s Society
3. Argument: Rehabilitation is Most Appropriate
While all four types have roles, rehabilitation aligns best with modern societal values:
Why Rehabilitation?
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Addresses Root Causes
- Many crimes stem from mental illness, poverty, or trauma.
- Example: Norway’s focus on rehab reduced recidivism to 20% (vs. 50%+ in the U.S.).
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Sample Answer
The Purpose of Criminal Law and Forms of Punishment
Page 1: The Purpose of Criminal Law & Types of Punishment
1. The Purpose of Criminal Law
Criminal law serves four primary purposes in society:
- Maintaining Social Order
- Establishes rules to prevent chaos (e.g., laws against violence).
- Deterring Crime
- Uses punishment to discourage unlawful behavior.
- Rehabilitating Offenders
- Helps reintegrate individuals into society.
- Incapacitating Dangerous Individuals
- Removes threats (e.g., imprisonment).
- Providing Retribution
- Gives victims a sense of justice ("an eye for an eye").