1
Running Head: Punishment Philosophy
Mini Paper 1
Liberty University Online
CJUS 320
Kelly Schuhart
2
Running Head: Punishment Philosophy
Abstract
Punishments are not always swift or equal in the justice system. Crime, disobedience and
punishment are woven into our history from the very beginning of Adam and Eve. The purpose
of this paper is to provide working knowledge of the theories, terminology, concepts, and
strategies covered in this course. My personal preference regarding punishment philosophy will
be examined, and will be rationalized based on my notion of applied theories. Punishment
philosophy in society today is evolving based on the needs of communities and the evolution of
offenders and crimes committed.
3
Running Head: Punishment Philosophy
Punishment is universal for individuals that commit crimes or infractions in society.
Generally, punishment is not used to cause pain and harm to the offenders, but it is used to
restore order and justice to society and the victim of the crime committed. By threatening, and
following through with punishment of wrongdoers, justice protects the order of society, and
separates criminals. The age-old question of does the punishment fit the crime is constantly being
debated, and evolving to suit individual culture preferences and needs. Punishment has a
defining character trait of communicating to the offender that crime is wrong, to the victim that
society does not tolerate this behavior, and to society that justice will be restored. Crime is
primarily an offense against human relationships and also a violation of the law, restoring order,
or restoration is a top priority for criminal justice officials.
The issue of the rising prison population and overcrowding, has been a recent hot
topic of debate on how to go about solving it. The Get Tough on Crime Laws (3 strikes, and 2
strike laws), in the 1990’s has contributed to the steady increase in numbers of individuals
incarcerated. Although many offenders that actually enter the correctional system is relatively
small, after all not all offenders are arrested and not all crimes are reported. Corrections and the
Criminal Justice system are a huge part of the community. Components of the Criminal Justice
system include the police, courts and corrections. There are many subsystems within which
include prisons, agencies of probation and parole, jails, and alternative programs like halfway
homes, and rehabilitation. In rehabilitation centers, society makes it their duty to teach criminals
how to control their behavior appropriately. Without rehabilitation, offenders would not be able
reform or to learn acceptable behavior within our society. Although some criminals cannot be
4
Running Head: Punishment Philosophy
taught how to behave properly, which is why they are incapacitated, and segregated from the rest
of society.
For the one in authority is God’s servant for your good. But if you do wrong, be afraid,
for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring
punishment on the wrongdoer. Therefore, it is necessary to submit to the authorities, not only
because of possible punishment but also as a matter of conscience. (Romans 13:4-5, NIV).
Punishment will be used to prevent future wrongdoing by the offender and others is known as
deterrence. Specific deterrence has been used in the means of corporal punishment. Corporal
punishment is described in a wide range of degrees from spanking a child when they misbehave,
or historically speaking, when a rapist was castrated as punishment, or thief had his hands cut
off. Deterrence is only effective as a punishment if it is moderately certain, quickly applied, and
adequately severe. Effective deterrence is not easily achievable in our criminal justice system
though.
“Of all the purposes of punishment that have been discussed, only retribution and
just deserts are past oriented. They explore what has already happened as in the crime, in an
effort to formulate an appropriate response for punishment.” (Sieter, p. 37, 2017). Retribution
literally means “pay back,” and can be found all throughout the Bible, from scripture, Exodus
21:23-25 states, "But if there is harm, then you shall pay life for life, eye for eye, tooth for tooth,
hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe." (KJV) The rule
of “an eye for an eye” was part of God’s Law given by Moses to ancient Israel and was quoted
by Jesus in his Sermon. Our modern court systems still abide by this guiding precept when
determining a judicial penalty, and that victims are entitled to revenge. Although revenge is just
considered a punishment as vengeance, or an emotional response to victimization.
5
Running Head: Punishment Philosophy
“Christians have a coherent explanation for the persistent intuition that the guilty deserve
to be punished, an intuition which secular writers find hard to justify.” (Jubilee, n.d.). So in my
opinion, when someone commits a crime, they should be held accountable for that crime. The
punishment should fit the crime that was committed, and should incorporate restoration and
justice for all involved or affected by the crime. The justice model allows judges and juries to
consider victim-impact statements when they decide on a proper sentence. New programs for
victim compensation, and victim assistance are starting to trend. Making a considerable
punishment for all involved is a key factor in incorporating all aspects of fair sentencing.
Although harsher offenses and crimes deserve harsher sentences, which would be the
custodial model. The custodial model, keeps offenders incarcerated that have no remorse or
desire to change their behavior should locked away from society. In severe cases like rape, or
murder, rehabilitation and education would only be a waste on an individual who does not want
to change. The most widely used excuse for an offender who committed a crime they do not
want to be punished for is the insanity plea. Although many court systems have highly educated
psychiatrists, and psychologists to evaluate offenders now to see if they truly are mentally
incapacitated, and are eligible for an alternative sentence. The medical model is used in these
instances, and I truly believe that looking into offender’s mental health is a big part of why crime
rates, and drug abuse is high. The justice system needs to evolve to properly diagnose, treat, and
medicate inmates as part of rehabilitation.
Every crime is different, and every individual offender’s situation is unalike, so the
punishment should fit the crime. Sentencing is generally tailored to fit the punishment to the
crime. Rehabilitation is evolving, and corrections funds are shifting into other areas that
individual cultures are in need of.
6
Running Head: Punishment Philosophy
References
Seiter, R. P. (2017). Corrections: An introduction (5th ed.). Upper Saddle River, NJ:
Pearson. ISBN: 978-0-13-416411-3. Retrieved November 15, 2018.
An eye for an eye? The morality of punishment, by Christopher Townsend. (2015, March
24). Retrieved November 15, 2018, from http://www.jubilee-centre.org/an-eye-for-an-eye-the-
morality-of-punishment/
Bible: New International Version,( Exodus 21, Romans 13).
7
Running Head: Punishment Philosophy
Punishment Philosophy
When people commit crimes, they usually know what they are doing, and they know
right from wrong, therefor should without a doubt be held accountable for their actions.
However, there happen to be some people who may not understand what’s right and what’s
wrong, those are the people with several mental disabilities. But this is not to say that those types
of people should go unpunished, but the punishment should be able to fit the crime that was
committed. It is believed that those offenders who are higher level such as pedophiles, murders,
and rapists, as well as those who continue to commit crimes well after serving time incarcerated
and had rehabilitation should face a much harsher sentencing than the person who committed a
far lesser crime, like a minor drug charge or petty larceny. The result of sentencing an offender
should have or will help them in the way of incarceration, rehabilitation and deterrence
When it comes to what we consider to be high level offenders, the custodial model is
what is used to punish the offender while also keeping the public safe. Using this model, the
offenders are incarcerated with no freedom or choice with anything in their life. some of the
offenders commit one crime or multiple crimes and end up having absolutely no remorse and
would give the opportunity to commit a crime would commit them again and these are the
offenders who should remain incarcerated, and not be allowed out of the prison. Most people
find this a bit confusing and it is very misunderstood because even when an offender is
incarcerated they still have the right to continue to learn and for some even change who they
8
Running Head: Punishment Philosophy
once where before the got incarcerated. If the offender is absolute truly repentant of the crimes
they committed then yes, all opportunities for them should be allowed, this includes all times of
things offered to the offender while incarcerated like intense counseling.
Other offenders who committed lesser crimes and have genuine remorse, should be given the
opportunity at redemption, for some of these offenders this falls under the justice model. Justice
is “a scheme or system of law in which every person receives his/ her/its’ due from the system,
including all rights, both natural and legal” ("Legal Dictionary | Law.com," n.d.). But this model
is not always held up to the standards it should be held too. And depending on the judge or the
attorney, justice is not always brought to all sides, and that includes the offender. And even when
a person is accused of a crime they do not instantly lose any of their rights to getting justice.
The most widely abused model however is the medical model, this model has been taken
advantage of by all walks of people, in some cases the attorneys of offender and the offender
themselves will use this to falsely claim some type of mental disability or they will exaggerate a
physical disability to get a lesser sentence then what they may have received without the
disability being known. This is a great model and when used properly but the justice system
personnel need to learn to use it properly to treat and diagnose those offenders who have issues
because it can tell them what led to the criminal behaviors of the offender.
Romans 2:12 “For all who have sinned without the law will also perish without the law,
and all who have sinned under the law will be judged by the law.”(Zondervan,2009), this bible
verse is basically saying that everyone will come to their own judgement either by god or by the
9
Running Head: Punishment Philosophy
law everyone ends up with some kind of justice one way or another. Regardless of that way there
is always some sort of justice. 2 Timothy 4:2 “Preach the word; be ready in season and out of
season; reprove, rebuke, and exhort, with complete patience and teaching.” (Zonderan,2009).
This verse is more about how punishment helps as well as rehabilitation helping offenders
become better in time, given they improve the way they are and that they have remorse and want
to do better for themselves given time they will do just that.
Deterrence is one of the main things the punishment theory aims to make happen, they
want to deter offenders from committing any more crimes. During many investigations
deterrence is a big thing what punishment will deter this person from committing any more
crimes wither it’s the same one or a different one. “In the event that a negative relationship is
found between wrong doing rates and sentence likelihood or seriousness this has demonstrative
of discouragement.” (The Rationales and Goals of Sentencing). Basically, we with punishment
no matter how severe or not severe it maybe it is to try and deter the offender from offending
again.
But when it comes down to it a whole lot of things need to be done to fully help an
offender. While some offenders deserve to be incarcerated other deserve to pay fines or be given
community service for their actions. Every crime is different, and every offender is different they
are never the same, never alike. So, in the end every punishment needs to fit the crime that was
committed, we cannot judge someone same as we would judge another everyone is completely
different and what they do is different from anyone else even if it seems the same it is not.
10
Running Head: Punishment Philosophy
Reference Page
•
Legal Dictionary | Law.com. (n.d.). Retrieved from
http://dictionary.law.com/Default.aspx?selected=1086#ixzz3rhCuxSHU
•
The holy Bible: New International Version containing the Old Testament and the New
Testament. (2009). Grand Rapids, MI: Zondervan.
•
The Rationales and Goals of Sentencing . (n.d.). Retrieved from www.justice.govt.nz:
http://www.justice.govt.nz/publications/publications-archived/1997/sentencing-policy-
and-guidance-a-discussion-paper/3.-the-rationales-and-goals-of-sentencing.
