Verified Document

Three Ethical Frameworks For Punishment Term Paper

¶ … humans have been concerned with the most expedient and effective means of punishment for a crime committed. Recently, the United States has turned more to a correctional than a rehabilitative approach to punishing offenders. Studies conflict as to the success of this approach, although numbers of crimes have declined moderately. In addition, such incarceration leads to other problems such as considerably higher costs and increasing numbers of offenders having chronic diseases such as AIDS. According to Gould and Sitren in "Crime and Punishment: Punishment Philosophies and Ethical Dilemmas," there are three major frameworks that address the purpose of punishment -- utilitarianism, deontology and peacemaking.

Utilitarianism recognizes the purpose of punishment in terms of the end result. For utilitarians, punishment is justifiable because it creates a greater balance of happiness vs. unhappiness. For Bentham, punishment should be utilized to maximize the total pleasure or minimize the total pain of all parties impacted by the crime (Gold, 2000). Perhaps the most common defenses of capital punishment are on utilitarian grounds. From the utilitarian perspective, capital punishment is justified if it prevents the criminal from repeating his crime or deters crime by discouraging would-be offenders, since both of these contribute to a greater balance of happiness in society.

Kant, a deontologist argues, however, that punishment cannot be promoted only for the good of society...

Rather, punishment must occur only when an offender has committed a crime.
Peacemaking aims to include three factors into the criminal justice system -- connectedness to each other, caring as the primary element in corrections, and mindfulness of the needs of others (Braswell & Gold, 2002). In short, the correctional system must change its response to crime from one of violence to use of approaches such as mediation, meditation and spiritual growth (Braswell et. al., 2001), dispute resolution and conciliation. Braswell, Fuller, and Lozoff in their book Corrections, Peacemaking and Restorative Justice: Transforming Individuals and Institutions (2001) argue that that a peacemaking approach involves the use of humane, nonviolent and scientific ways to effectively deal with unethical behavior.

The basic question is why should wrongdoers be punished? Those favoring retribution argue that punishment serves as a means of restoring the balance between the offender and society. Arguments against this retributive approach include: the burden of proof is on the defender of capital punishment to show that the same effects could not be accomplished with less severe punishment, such as life imprisonment and, as pointed out by contemporary political philosopher Bedeau (2002), concerns the ratio of innocent lives saved per execution. In the best case scenario, executing five dangerous convicts will result in saving five innocent lives in the future. As…

Sources used in this document:
References Cited

YOU NEED TO ADD THE OTHER ONES HERE, SINCE YOUR FAX DID NOT INCLUDE THE BIBLIO. THANKS

Bedeau, H.A. (2002) Thinking and Writing about Philosophy. Boston: Bedford/St. Martin's.

Braswell, M., Fuller, J, & Lozoff, B. (2001). Corrections, Peacemaking and Restorative Justice: Transforming Individuals and Institutions. Ottowa, Canada: Anderson Publishing.
Cite this Document:
Copy Bibliography Citation

Related Documents

Ethical Systems Ethical Formalism. What Is Good
Words: 1020 Length: 3 Document Type: Essay

Ethical Systems Ethical formalism. What is good is that which conforms to the categorical imperative. This is the ethical system of Immanuel Kant, which is normative and deontological. It is a universal ethic that asserts every person is to be treated with equal dignity and respect rather than as an object or a means to an end. A truly moral action is motivated by good will, not because the individual

Ethical Theories in Nursing
Words: 4777 Length: 10 Document Type: Essay

Nursing Ethical Theories Ethical Theories in Nursing Significance of Moral in Nursing Deontology vs. Utilitarianism Deontology Utilitarianism Justice Ethics vs. Care Ethics Justice Ethics Care Ethics Rights Ethics Conflict of Rights Ethical Theories in Nursing Moral philosophy has moved from addressing Plato's question of what makes the good person, to Kant's query as to the right thing to do, to Buber's concern with relationship. Whether referring to business ethics' interest in relationships between corporations and consumers; legal ethics' focus on relationships among

Ethics and Morality the Ethical
Words: 560 Length: 2 Document Type: Research Proposal

What impact has Kohlberg's model of cognitive moral development had on ethical decision making? The three levels of ethical concern found in Kohlberg's Model of Moral Development include Pre-Conventional (Level 1) which includes obedience and punishment orientation including self-interest orientation. Next, interpersonal accord and conformity (Level 2) includes social norms and the definition of authority and social-ordering maintaining orientation. This is often referred to as the law and order morality

Ethics and Derivatives Ethical and Financial Risks
Words: 1147 Length: 3 Document Type: Case Study

Ethics and Derivatives Ethical and Financial Risks of Derivatives This paper examines the ethical and financial risks of derivatives. The paper discusses moral philosophies, how white collar crime differs from blue collar crime, and reviews the role of corporate culture and banking industry leaders in the banking industry meltdown that contributed to the worst recession in U.S. history. The moral philosophy most applicable to understanding the banking industry meltdown is teleology. Teleological ethics

Julius Caesar As An Ethical Leader
Words: 2542 Length: 9 Document Type: Essay

Essay Topic Examples 1. The Dual Morality of Julius Caesar: Tyrant or Reformer     This essay would explore the ethical complexities of Julius Caesar's leadership, particularly focusing on his reforms and actions that benefited the Roman Empire's lower classes versus his accumulation of power which often violated the republican ideals he purportedly stood for. 2. The Ethics of Caesar's Warfare: Glory vs. Consequence     An examination of Julius Caesar as a military commander, this essay would

Ethical and Social Responsibilities: Apple
Words: 2026 Length: 6 Document Type: Research Paper

Apple's Current Position On Its Ethical And Social Responsibilities Corporations are increasingly seeking a vision in maintaining social responsibility alongside a vision in business. There are also demands for greater accountability and transparency in corporate actions of organized consumers, state representatives and grass movements (Garsten, 2003). Many corporations aim to engage in corporate citizenship and to be socially responsible by adhering to social accountability standards and voluntary codes of conduct. This

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now