Punishment

Term Paper # 102920

Criminology > Criminal Justice and Corrections
Law > Criminal

Punishment

A discussion of the current criminal justice system, based mainly on retribution as opposed to restoration and reform.

1,445 words () | 5 sources | APA | 2008 United States

Paper Summary:

This paper takes a look at how many criminologists have expressed doubt or downright condemnation regarding the current criminal justice system, which is one based on retribution. The paper claims that a new framework for criminal redress is necessary. It points out that proponents of change for the criminal justice system typically point to restorative approaches for future framework. It questions whether this means a complete rejection of punishment as a means for redress. It also examines the views of those who believe that "punishment" is subjective and should be part of restorative criminal approaches in some shape or form. To conclude, the paper postures that justice may work best when it utilizes aspects of both restorative and retributive approaches.

From the Paper:

"As remorse is the only means through criminals can express regret over their actions and refrain from repeating them, it is these objects which many theorists have in mind in their ideal of criminal justice. However, as Pepinsky notes, emotions such as remorse may be fabricated (ibid, p. 279). Obedience to punishment does not make one "responsible and empathic" because one must "have to have confidence in the value and legitimacy of (one's own) feelings and needs" (ibid, p. 283). Restorative justice proponents such as Pepinsky recommend a course of empathy, communication and round-table style conversation in addressing criminality, much in the way of more traditional societies such as the Navajo people (ibid, p. 287). Here the airing of grievances settles and restores all involved members, including the community, whereas Western society's modern attitude of obedience is a case of "choosing whose voices get to be heard as against others" (ibid, p. 291)."

Sample of Sources Used:

Daly, Kathleen. (1999). Restorative justice and punishment: the views of young people. Paper presented to the American Society of Criminology Annual Meeting, Toronto, 17-21 November 1999. Griffith University Press: Queensland, Australia.
Dolinko, D. (2003). Restorative Justice and the Justification of Punishment. Utah Law Review, 303, 1, 319-342.
Garvey, S. P. (2003). Restorative Justice, Punishment, and Atonement. Utah Law Review, 303, 1, 303-317.
Retributive and Restorative Justice. (2006). North Carolina Wesleyan College. Retrieved March 30, 2007 from http://faculty.ncwc.edu/toconnor/415/415lect08.htm.
Pepinsky, H. (1998). Empathy works, obedience doesn't. In W.G. West & R. Morris (Eds.), The case for penal abolition (pp. 275-299). Toronto: Canadian Scholar's Press.