Punishment

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WHAT IS THE PURPOSE OF

PUNISHMENT?
Defenition
Punishment is, according to some, the imposition of an
undesirable or unpleasant outcome upon a group or individual,
meted out by an authority—in contexts ranging from 
child discipline to criminal law—as a response and deterrent
to a particular action or behavior that is deemed undesirable or
unacceptable. It is, however, possible to distinguish between
various different understandings of what punishment is.
Punishment has five
recognized purposes:
◦Deterrence
◦Incapacitation
◦Rehabilitation
◦Retribution
◦Restitution
Specific and General Deterrence

◦ Deterrence prevents future crime by frightening the defendant or the public. The two types of deterrence
are specific and general deterrence. Specific deterrence applies to an individual defendant. When the
government punishes an individual defendant, he or she is theoretically less likely to commit another crime
because of fear of another similar or worse punishment. General deterrence applies to the public at large.
Incapacitation
◦ Incapacitation prevents future crime by removing the defendant from
society. Examples of incapacitation are incarceration, house arrest, or
execution pursuant to the death penalty.
◦ Rehabilitation prevents future crime by
altering a defendant’s behavior. Examples
of rehabilitation include educational and
vocational programs, treatment center
placement, and counseling. The court can
Rehabilitation combine rehabilitation with incarceration or
with probation or parole. In some states, for
example, nonviolent drug offenders must
participate in rehabilitation in combination
with probation, rather than submitting to
incarceration. This lightens the load of jails
and prisons while lowering recidivism,
which means reoffending.
Retribution

◦ Retribution prevents future crime by removing the desire for personal avengement (in the form of assault,
battery, and criminal homicide, for example) against the defendant. When victims or society discover that the
defendant has been adequately punished for a crime, they achieve a certain satisfaction that our criminal
procedure is working effectively, which enhances faith in law enforcement and our government.
Restitution
◦ Restitution prevents future crime by punishing the
defendant financially. Restitution is when the court orders the
criminal defendant to pay the victim for any harm and
resembles a civil litigation damages award. Restitution can be
for physical injuries, loss of property or money, and rarely,
emotional distress. It can also be a fine that covers some of the
costs of the criminal prosecution and punishment.
DIFFERENT
PUNISHMENT
S AND THEIR
PURPOSE

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