The Purpose of Criminal Law and Forms of Punishment

Full Answer Section

2. Types of Punishment

A. Deterrence

1. 1. • 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.

B. Rehabilitation

1. 1. • 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.

C. Incapacitation

1. 1. • Definition: Physically preventing reoffending (e.g., imprisonment).
      • Methods:
        • Imprisonment (removes freedom).
        • Death penalty (permanent removal).
      • Example: Serial killers imprisoned for life.

D. Retribution

1. 1. • Definition: Punishment as moral justice (e.g., “just deserts”).
      • Philosophy: Offenders “pay” for their crimes.
      • Example: Mandatory minimum sentences for violent crimes.

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?

1. 1. 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.).