Criminal Punishment in Criminal Justice

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Table of Contents

TOC o “1-3” h z u HYPERLINK l “_Toc55799379” Abstract PAGEREF _Toc55799379 h 3

HYPERLINK l “_Toc55799380” Problem Statement PAGEREF _Toc55799380 h 3

HYPERLINK l “_Toc55799381” Research Objectives PAGEREF _Toc55799381 h 4

HYPERLINK l “_Toc55799382” Literature Review PAGEREF _Toc55799382 h 6

HYPERLINK l “_Toc55799383” Theories of punishment in criminology PAGEREF _Toc55799383 h 7

HYPERLINK l “_Toc55799384” Deterrent Theory PAGEREF _Toc55799384 h 9

HYPERLINK l “_Toc55799385” Retributive Theory PAGEREF _Toc55799385 h 10

HYPERLINK l “_Toc55799386” Preventive Theory PAGEREF _Toc55799386 h 11

HYPERLINK l “_Toc55799387” Methodology PAGEREF _Toc55799387 h 12

HYPERLINK l “_Toc55799388” Data Collection Methods PAGEREF _Toc55799388 h 12

HYPERLINK l “_Toc55799389” Findings PAGEREF _Toc55799389 h 13

AbstractCrime occurrence, detention, and prevention is a dynamic aspect of keeping law and order guided by different criminology theories. To derive the right meaning in criminology and crime prevention, it is good to look at the nature and forms of crime. Different theories of criminology have shed light to the value and nature of crime and the dynamics of trying to prevent its occurrence. The first step into understanding the nature and diversity of crime in order to prevent is to analyze the motives. Secondly, the punishment models chosen need to be strong enough not only to deter crime but also to increase leverage on the behavior reform for the convicted. There are different theories of punishment and crime prevention and deterrent avenues that fully address the field of crime prevention. The key theories show that in order to build a lasting crime deterrent model, the punishment has to be derived within the criminal justice policies.

Problem StatementCrime prevention is one of the basic roles of law enforcers and the authority. However, the whole affair of identifying offenders and the motives to crime in a bid to apply the right punishment is tedious and lengthy (Carrington et al., 2016). The different theories in criminal justice that are applied to help understand crime occurrence and deterrent have shown that the key to countering crime lies in applying the right punishment. Due to the evolving nature of crime and its dynamics, there have been quite a remarkable change in the nature of punishment applied. The need to have a robust crime deterrent system has led to the revision of the punishment modules used in criminal justice (Campesi, 2015). The theories point to a very interesting dynamic that show that to deter crime, it is wise to understand its cause, motive, and nature so that the right punishment can be applied.

Still, the need to have the right approach to crime prevention has added value to how the punishment is administered in a bid to discourage crime. More often are the cases where the nature of crime and the increased aspects of offence within a specific area goes unnoticed and thus the applied punishment does fails to fully deter crime (Campesi, 2015). Over the years, the need to have robust punishment methods that will fully deter crime have increased as the nature and type of crime accelerates. Today, the age of internet and global mobility has led to the thriving of the crime gangs like in drugs and human trafficking. Consequently, the need to have the right avenues to crime prevention has to lie within the development of appropriate punishment models and systems (Sandberg et al., 2017). Unfortunately, some punishment models have bene overtaken by time and have already proven ineffective in deterring crime. To create the right approach to crime prevention has to begin with the creation of a reliable and effective punishment system.

Research ObjectivesTo investigate how the application of punishment in criminal justice helps counter crime

To assess the different punishment models used and their respective impact in deterring crime

To establish the different theories of criminal justice that touch on punishment in relation to crime deterrence within a specific field

To investigate how punishment in criminology has addressed the need for a diverse and creative module that can discourage crime

To compare different criminology theories in respect to punishment as an avenue of discouraging offenders from committing crime

Crime prevention in criminal justice takes many forms and looks at the nature, intensity, and dynamics of crime. The various theories that address crime have diverse and inclusive views that tends to break down crime occurrence and diversity (Durrant & Ward, 2015). To go further, the occurrence of crime in many areas tends to show similar pattern that makes it easy to trace and track. More often are the cases where crime occurrence goes unnoticed until it grows to levels that makes it hard to control. The association between crime and unemployment has for many decades been a key parameter when analyzing crime (Shammas, 2018). For example, many youths in the suburbs and the urban areas choose to engage in crime to meet their basic needs.

The issue tends to grow even wider when the level of unemployment is high that translates to rise in crime as a source of livelihood. The issue of drugs has also bene a major factor when looking at crime mainly among the youths (Durrant & Ward, 2015). School dropouts and the lack of strong social and economic structures also creates the right environment for crime to thrive. Therefore, crime prevention and analysis in criminal justice takes many forms and diversity that requires looking at its nature and intensity. Criminal punishment in criminal justice has many outcomes depending on how it is done and the intended results. For example, people who commit grave crimes like murder often face intense punishment like life sentences or even death penalties. The form of punishment has to match the nature and intensity of crime committed (Sandberg et al., 2017). One of the drawbacks of such a system is that it may deny the criminal the right to present his or her case.

Crime occurrence and prevention has its own approach that requires the law enforcers to look into its dynamics. To add on this, crime occurrence can have diverse notions that look at how the various models lead to crime analysis. Over the years the area of crime detection, prevention and even punishment of those who engage in crime has taken many paths. The various theories developed to look at crime occurrence have a very unique form that assesses the way criminal think before they conduct a crime. This pattern of crime analysis goes far beyond the normal as it looks at what form of punishment can be applied to match the specific crime.

More often are the cases where the criminals choose to engage in crime out of fantasy and this makes the punishment applied respond to the issue at hand (Shammas, 2018). For example, mostly young criminals engage in crime out of peer pressure that makes them unaware of the repercussions. The issue also complicates the nature and diversity of punishment applied. Considering that criminal justice is a broad field, the application of punishment needs to be look at in the nature of crime, its intensity, and the intended outcomes (Sandberg et al., 2017). One thing that remains true is that every crime has its consequences where it can affect the victim or even those around indirectly. In spite of the efforts put to address common crime patterns, the models used to induce punishment should look at how and where the

Literature ReviewCriminal justice is a broad aspect of law and order as well the underlying facets to law and crime prevention. To broaden this, the occurrence of crime, prevention, and punishment are all compounds that make up the whole area of criminal justice. To ensure that the area of crime occurrence and punishment is well understood, it is good to look at different theories in crime analysis and detection (Shammas, 2018). One thing to note is that to fully address crime in the society, the key is to assess how it occurs, the underlying factors in modeling its patters, and laying down the right models to counter its spread. Punishment in criminal justice comes in many forms and models that are generated to match and deter criminals from repeating the same offence. For example, the occurrence of crime is always associated with the need to satisfy and urge or a need. For example, the most common serious crimes like robbery, murder, or drugs often come with an inner motivation to satisfy a need. The best to respond to such crimes is to form a punishment model that does not only respond to the physical aspect of crime deterrence but also ensures behavior correction (Shammas, 2018).

Theories of punishment in criminologyTheories of punishment can be divided into two general philosophies: utilitarian and retributive. The utilitarian theory of punishment seeks to punish offenders to discourage, or “deter,” future wrongdoing. The retributive theory seeks to punish offenders because they deserve to be punished. The sole purpose of punishment is to deter or discourage an individual from committing and offence or crime (Sandberg et al., 2017). Over the years, the nature and type of punishment has changed with the criminal justice taking diverse forms to ensure that crime is properly addressed.

The theories of crime and punishment are centered around the value of making sure that the criminal understand that crime has consequences with the best option being staying away from crime (Carrington et al., 2016). It is true that not all forms of punishment are effective particularly when looking at the nature and intensity of crime. To add on this, the punishment applied ought to look at the underlying forms of offences and what type of punishment can match that crime. It is therefore good to look at how and what forms of punishment methods need to be applied as guided by the various punishment theories in criminal justice (Shammas, 2018).

The terms punishment criminology is very diverse and looks at a wide array of crime occurrence and prevention methods that can match that offence. To add on this, the diversity ibn crime prevention and punishment tends to align with the respective form of offences done and the intended result in the punishment (Newburn, 2016). This implies that for every form of crime, a respective form and intensity of punishment needs to be applied to ensure that the individual and others are discouraged from committing the offence in the future. One of the punishment theories addresses the norm and the nature of crime and how the applied deterrence methods effectively discourage crime. The key idea in this theory is that the crime patterns can tell the right avenues of punishment to apply to effectively discourage the offenders (Shammas, 2018). Based on the underlying nature of crime and the forms of punishment applied, the need to deter crime is always the priority in this affair.

Deterrent TheoryThe retributive theory assumes that the punishment is given only for the sake of it. Thus, it suggests that evil should be returned for evil without taking into consideration any consequences. There are two theories in which this theory can be divided further. They are specific deterrence and general deterrence. In specific deterrence, punishment is designed such that it can educate the criminals. Thus, this can reform the criminals that are subjected to this theory. Also, it is maintained that the punishment reforms the criminals (Sandberg et al., 2017). This is done by creating a fear that the punishment will be repeated.

However, the criminology punishment theories do not always pinpoint the avenues to look for when applying the right steps. The issue here is that crime can evolve over time and thus the deterrence methods have also to be changed (Carrington et al., 2016). The changes and diversity in crime thus makes the application of a respective punishment method vary even in one form of offence. To add on this, the criminology punishment theories in criminal justice tend to vary and it is always vital to address what and how the crime needs to be addressed. people tend to agree with the theory of punishment that is most likely to generate the outcome they believe is the correct one. This system of beliefs about the purposes of punishment often spills over into the political arena. Politics and correctional policy are intricately related (Shammas, 2018). The key to addressing crime in all its nature is to look at what and how the patterns of offence in any form varies from one area to another.

Retributive TheoryRetribution is the most ancient justification for punishment. This theory insists that a person deserves punishment as he has done a wrongful deed. Also, this theory signifies that no person shall be arrested unless that person has broken the law (Eck et al., 2015). Criminal punishment in criminal justice has many outcomes depending on how it is done and the intended results. For example, people who commit grave crimes like murder often face intense punishment like life sentences or even death penalties. The form of punishment has to match the nature and intensity of crime committed (Newburn, 2016). One of the drawbacks of such a system is that it may deny the criminal the right to present his or her case. Crime occurrence and prevention has its own approach that requires the law enforcers to look into its dynamics. Here are the conditions where a person is considered as an offender are:

The penalty given will be equivalent to the grievance caused by the person.

Performed a crime of certain culpability.

That similar persons have been imposed for similar offenses.

That the action performed was by him and he was only responsible for it. Also, he had full knowledge of the penalty system and possible consequences.

The theory is based on the fact that an offender deserves to pay for his or her sins or crime. Perhaps the key to understanding the need and nature of pp is to look at both the cause and motive for a crime. The retributive theory underscores that a punishment for a crime should always be directed to creating reform or changing the individual to a positive direction (Carrington et al., 2016). For example, punishing a robber is mean to aggressively discourage the criminal from robbing in the future. For this reason, the retributive theory as a major element of defining punishment is detailed within the idea of creating a base for future crime prevention by discouraging the potential criminals. This demands that all forms of crime need to be addressed within the derived intensity by first of the offence so as to ensure that the punishment applied matches the offence (Durrant et al., 2015). Still, the theory underlines that the need for punishment is not mainly hinged on making the person regret the crime but to act as a reminder that doing so in the future can bring danger. By so doing the crime prevention by inducing punishment under the retributive theory is based on aggressive models that analyze the offence and offer an equal form of punishment.

Preventive TheoryThis theory has used a restraint that an offender if repeats the criminal act is culpable for death, exile or imprisonment. The theory gets its importance from the notion that society must be protected from criminals. Thus, the punishment here is for solidarity and defense (Durrant et al., 2015). The modern criminologists saw the preventive theory from a different view. They first realized that the social and economic forces should be removed from society. Also, one must pay attention to individuals who show anti-social behavior. This is because of psychological and biological handicaps (Sandberg et al., 2017). Therefore, crime prevention and analysis in criminal justice takes many forms and diversity that requires looking at its nature and intensity.

Criminal punishment in criminal justice has many outcomes depending on how it is done and the intended results. For example, people who commit grave crimes like murder often face intense punishment like life sentences or even death penalties. The form of punishment has to match the nature and intensity of crime committed. One of the drawbacks of such a system is that it may deny the criminal the right to present his or her case (Carrington et al., 2016). Crime occurrence and prevention has its own approach that requires the law enforcers to look into its dynamics.

MethodologyData Collection MethodsThe research will be based on gathering data on a very broad topic and thus the information will be searched from existing database and online journals. To ensure that the information is credible and reliable, the study will use existing data from online sources that address the topic being investigated. One of the main reasons for using online sources is to increase the accuracy of the data. Peer reviews literature and data can help generate accurate data that is essential when dealing with a sensitive topic. The first step will be to go for online journals that deal with criminology topics that will help generate the required information. Once the right journals are found, the information will be retrieved based on its relevance, accuracy, and reliability.

The second set of data will be gathered by conducting online search from websites and articles. The use of government websites and data from police will be an essential gateway in ensuring that the study is detailed and credible. Still, the study will also be hinged on deriving credible data that will be based on existing records from the law enforcers. This set of data will be reliable in creating the right output for analysis and findings generation. The sue of online method of data collection helps capitalize on accuracy and validity of the data. To create the right settings for the needed data can derive the right avenues for a tangible and reliable conclusions and findings. The research will therefore use online channels to generate data and thus build a tangible outlook of the topic.

FindingsThe research makes firm and detailed findings based on the literature review and journals studied. The key findings are based on a theoretical information gathered on the topic that adds to the existing literature. Different theories of criminology have shed light to the value and nature of crime and the dynamics of trying to prevent its occurrence. The need to have a robust crime deterrent system has led to the revision of the punishment modules used in criminal justice. The theories point to a very interesting dynamic that show that to deter crime, it is wise to understand its cause, motive, and nature so that the right punishment can be applied. Crime occurrence and prevention has its own approach that requires the law enforcers to look into its dynamics. To add on this, crime occurrence can have diverse notions that look at how the various models lead to crime analysis. Over the years the area of crime detection, prevention and even punishment of those who engage in crime has taken many paths (Carrington et al., 2016).

Punishment in criminal justice comes in many forms and models that are generated to match and deter criminals from repeating the same offence. For example, the occurrence of crime is always associated with the need to satisfy and urge or a need. For example, the most common serious crimes like robbery, murder, or drugs often come with an inner motivation to satisfy a need. The theories of crime and punishment are centered around the value of making sure that the criminal understand that crime has consequences with the best option being staying away from crime (Eck et al., 2015). It is true that not all forms of punishment are effective particularly when looking at the nature and intensity of crime.

This implies that for every form of crime, a respective form and intensity of punishment needs to be applied to ensure that the individual and others are discouraged from committing the offence in the future (Durrant et al., 2015). One of the punishment theories addresses the norms and the nature of crime and how the applied deterrence methods effectively discourage crime.

The key idea in this theory is that the crime patterns can tell the right avenues of punishment to apply to effectively discourage the offenders. The first step into understanding the nature and diversity of crime in order to prevent is to analyze the motives. It is clear that one of the defining values in crime deterrence is to have an equal or robust punishment models that will help discourage criminals from committing offences.

References

Campesi, G. (2015). Neoliberal and Neoconservative Discourses on Crime and Punishment. Sortuz: Oñati Journal of Emergent Socio-Legal Studies, 3(1), 33-52.

Carrington, K., Hogg, R., & Sozzo, M. (2016). Southern criminology. The British Journal of Criminology, 56(1), 1-20.

Crawford, A., & Evans, K. (2017). Crime prevention and community safety.

Durrant, R., & Ward, T. (2015). Evolutionary criminology: Towards a comprehensive explanation of crime. Academic Press.

Eck, J., & Weisburd, D. L. (2015). Crime places in crime theory. Crime and place: Crime prevention studies, 4.

Newburn, T. (2016). Social disadvantage: Crime and punishment. Social advantage and disadvantage, 322-40.

Sandberg, S., & Ugelvik, T. (2017). Why do offenders tape their crimes? Crime and punishment in the age of the selfie. British Journal of Criminology, 57(5), 1023-1040.

Shammas, V. L. (2018). Bourdieu’s five lessons for criminology. Law and Critique, 29(2), 201-219.