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Retribution v. Rehabilitation

CLN4U Law Summative
by

Heather T

on 14 January 2013

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Transcript of Retribution v. Rehabilitation

Retribution v. Rehabilitation Law Summative
CLN4U
Heather Townsend Retribution/Rehabilitation Debate There are four primary goals of sentencing in Canada:
1) Retribution
2) Deterrence
3)Protection of the Public
4)Treatment

In many countries retribution is used exclusively or primarily as a form of punishment. Retribution Rehabilitation (Penology) A theory that claims reasonable punishment is the most effective way to deal with crime

It is the act of punishing someone for their wrongdoings "to restore to useful life, as through therapy and education or to restore to good condition, operation, or capacity" The Boundaries: "Reasonable Punishment" is very vague

A judicial system must determine their boundaries for how harsh or soft a punishment can be Two Types of Retribution: 1) The Traditional Belief

2)A theory developed in the 1980's by philosopher, Michael Davis Conflicting Opinions: Retributionists

Utilitarians History: Retribution has been a part of religion for centuries

Many cultures believe "let the punishment fit the crime"

The Greek Furies

The code of Hammurabi (1772 BCE) Lex Tallions 'Talian' is an English word derived from the Latin word 'talio', that describes retaliation that the law has allowed based on the degree of injury caused

In the bible punishment is "measure for measure" or "middah ke-neged middah" "Metaphysics of Morals" Metaphysics of Morals

"Judicial punishment can never be used merely as a means to promote some other good for the criminal himself or for civil society, but instead it must in all cases be imposed on him only of the ground that he has committed a crime."
-Immanuel Kant Arguments Against Retribution: Limits on a judge's discretion to decide
Punishments are set amounts rather than relative to person
Retribution is described as a "backward looking"
Many argue that an eye for an eye is fair, but the value of that eye is different for everyone, so it is still ineffective Rehabilitation: The goal is to stop offenders from re-offending

This involves punishing an offender in a way that will make it easier to integrate them into society History: Prisons in the 16th century began attempts at reforming criminals

In 1785, an English philosopher, William Paley wrote "Principals of Moral and Political Philosophy" which began the push for rehabilitation in colonial prisons

In the United States, many met with Benjamin Franklin in 1787 to discuss reformation which led to the National Prison Association promoting the need for rehabilitation in 1870 Issues with
Rehabilitation: Overcrowding

No specific proof of effectiveness

A rehabilitation program is too expensive for many countries to implement Psychopathy A psychopath is someone who acts on impulse and cannot learn from their mistakes

They have a 2.5% higher chance of being released

It is believed that treatment makes psychopaths worse Support for Rehabilitation Rehabilitation gives offenders the opportunity to redeem themselves and learn from their mistakes Video: (1:17-3:02)
http://www.telegraph.co.uk/news/politics/david-cameron/9624825/David-Cameron-I-want-tough-but-intelligent-justice-system.html
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