CRIME AND PUNISHMENT ASSIGNMENT ORAL PRESENTATION Theories of Punishment Question – ‘What form of punishment should lawmakers seek to develop in Australia? ” Introduction Good morning class, today I will be talking to you about the 3 main forms of punishment and the form of punishment that lawmakers should seek to develop in Australia.
The three justifications for punishment currently used in our society today are retribution, deterrence and rehabilitation.Our society today uses these three forms of punishment attempting to lower crime rates Origins and overview of the three forms of punishment Retribution Retribution is the first of the three forms of punishment that I will be discussing. The theory of retribution is that the guilty should be punished for the harm they have caused within society.
Retribution is defined as the most ideal form of revenge to make the offender suffer as much as he or she has caused the victim. This type of punishment is the oldest of the three.It originated from the bible from Exodus 21:23 “life for life, eye for eye, tooth for tooth, hand for hand” Nowadays the consequences are not nearly as brutal as they would be have been given in the middle ages and even still given in some parts of the world today but real consequences are still given for the different criminal acts committed by offenders here in Australia. Deterrence I will now be speaking to you about the second of the three punishments ‘deterrence’. The main aim of deterrence is to teach the offender not to repeat the crime and to deter others from committing and following the offenders example.
This theory was used as a military strategy during the ‘cold war’ relating to the uses of nuclear weapons. Rehabilitation Rehabilitation is more there to restore the patient to the highest level of health and to give encouragement so the act they committed will not be repeated in the future. The first approach to use rehabilitation in criminals happened in the late eighteenth century and was primarily directed towards the juvenile offenders. The Pennsylvania Quakers used very strict religious rules and punishments to force juvenile criminals to see the fault of what they have done.These methods evolved into more of a retribution system.
Since then there has been an increased interest in this sort of method of treatment for criminals, it eventually become one of the three forms of punishment. Nature of these forms of punishment Retribution The punishment is for the wrongfulness of the act, and is not intended as a deterrent. The punishment should be equal to the offence, meaning the harshness of the punishment should reflect the seriousness of the crime.
For example, in many Muslim countries the punishment for stealing is having your hand cut off at the wrist.Therefore because of this there is very little stealing in Muslim countries Deterrence There are two forms of deterrence; general deterrence and individual deterrence. General deterrence aims to make an example to discourage others from crime. Individual deterrence aims to deter the individual from committing the crime again. A small example of a deterrent is a speeding ticket, to scare you and prevent you from speeding again and putting others and your own life at stake. RehabilitationRehabilitation is based on the person being given treatment and training so they can go back into society and not commit crime in the future. Individuals who support rehabilitation believe that criminals can be “made better” so that they can re-enter society as good citizens who do the right thing. Rehabilitation can include probation, education, and group therapy.
For example an offender may have committed a crime due to the fact he or she was under the influence of alcohol due to an alcohol or drug addiction therefore the judge may choose to send the offender to rehab to eceive the help he or she needs. Effectiveness of These Forms of Punishment Retribution Locking people up in prisons, does protect society and apparently does reduce crime rates, but it is expensive to build and operate prisons. Also there is no guarantee the person will not commit crimes again when they get out of prison. And after leaving prison with very little treatment and guidance, ex cons are released onto the street with only a few dollars. These individuals have lost a lot of time to build a career, family and friends.And it shows that 60% of criminals released from prison commit a crime after being released. Deterrence The effectiveness of deterrence is generally shown by looking at the future behaviour of the offender, to see if the person repeats their previous criminal behaviour. The problem with this theory though is that it relies on a repeat conviction.
Also, many criminals go back to jail, sometimes many times, so it looks like their previous experience has not deterred them from more crime. I personally believe deterrence is a very effective method in achieving the goals of criminal sentencing.For instance if the society knows the punishment for a crime, this could be the deterrent to prevent someone from committing a crime.
Rehabilitation Rehabilitation programs coast far less and I personally think are more effective than sending the offender to prison. There are more than 70% of criminals in jail that are locked up for non-violent crimes. Many of these people just need drug or alcohol counselling or help in finding jobs.
These sorts of cases should be recognised and sent to get help. Conclusion –In conclusion, each theory of punishment all are different and have different levels of effectiveness, the punishment really depends on the type of crime committed. However I believe that retribution is the most effective form of punishment because ‘if you do the crime, you do the time’ most children are taught from a young age that if they do the wrong thing they will be punished such as time out, groundings or taking things away from them.
It’s not fair if a person commits a crime and thinks he or she can get away with it, I also think that they should develop a sort of councelling system in jail like rehabilitation.In saying that though each crime should be evaluated by the judge and be given the correct form of punishment depending to the crime. Each of the different forms of punishment are a major help to the Australian law and how our country is governed. The crime levels would be a lot worse if these forms of punishment didn’t exist. Bibliography “Australia.
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