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{{Short description|Imposition of an undesirable or unpleasant outcome}} | |||
In ], '''punishment''' is the concept of imposing negative ]s upon individual ]s who commit ] actions (ie. ]s) —either to educate individuals in the understanding of ''consequence'' in general (part of society's ]), or to ] and segregate individuals (incarceration, execution) who appear to be incapable of understanding or else living within the boundaries of such consequence (ie. society). | |||
{{Other uses}} | |||
{{Criminology and penology |penology}} | |||
], England]] | |||
'''Punishment''', commonly, is the imposition of an undesirable or ] outcome upon an individual or group, meted out by an ]<ref>{{Citation |last=Edwards|first=Jonathan|date=1824|title=The salvation of all men strictly examined: and the endless punishment of those who die impenitent : argued and defended against the objections and reasonings of the late Rev. Doctor Chauncy, of Boston ; in his book entitled "The Salvation of all Men," &c|publisher=C. Ewer and T. Bedlington, 1824|pages=157}}</ref><ref>{{Cite journal|last=Bingham|first=Joseph|date=1712|title=Volume 1 of A Scholastical History Of The Practice of the Church In Reference to the Administration of Baptism By Laymen|journal=A Scholastical History of the Practice of the Church in Reference to the Administration of Baptism by Laymen|publisher=Knaplock, 1712|volume=1|pages=25}}</ref><ref>{{Cite journal|last=Grotius|first=Hugo|date=1715|title=H. Grotius of the Rights of War and Peace: In Three Volumes: in which are Explain'd the Laws and Claims of Nature and Nations, and the Principal Points that Relate Either to Publick Government, Or the Conduct of Private Life: Together with the Author's Own Notes: Done Into English..., Volume 2|journal=H. Grotius of the Rights of War and Peace: In Three Volumes: In Which Are Explain'd the Laws and Claims of Nature and Nations, and the Principal Points That Relate Either to Publick Government, or the Conduct of Private Life: Together with the Author's Own Notes: Done into English by Several Hands: With the Addition of the Author's Life by the Translators: Dedicated to His Royal Highness the Prince of Wales, Hugo Grotius|publisher=D. Brown..., T. Ward..., and W. Meares, 1715|volume=2|pages=524}}</ref><ref>{{Cite journal|last=Casper|first=Johann Ludwig|date=1864|title=A Handbook of the practice of forensic medicine v. 3 1864|journal=A Handbook of the Practice of Forensic Medicine|publisher=New Sydenham Society|volume=3|pages=2}}</ref><ref>{{Cite book |last=J |first=Lubbock |date=1882 |title= The origin of civilisation and the primitive condition of man: Mental and social condition of savages (4th ed.).|chapter=Laws |chapter-url=https://doi.org/10.1037/13470-010 |pages=443–480|doi=10.1037/13470-010 }}</ref>—in contexts ranging from ] to ]—as a deterrent to a particular action or ] that is deemed undesirable.<ref>{{Cite journal|last=Lee Hansen|first=Marcus|date=1918|title=Old Fort Snelling, 1819-1858|journal=Mid-America Series|publisher=State Historical Society of Iowa, 1918|pages=124}}</ref> It is, however, possible to distinguish between various different understandings of what punishment is.<ref name="Is restorative justice punishment">{{Cite journal|doi = 10.1002/crq.21293|title = Is restorative justice punishment?|year = 2020|last1 = Gade|first1 = Christian B. N.|journal = Conflict Resolution Quarterly|volume = 38|issue = 3|pages = 127–155|doi-access = free}}</ref> | |||
Such destructive actions are called ] (criminal), and range from minor infractions up to ]s such as unlawful ]. Such consequences may range from ]s and ]s, up to ], and for capital crimes, the ]. | |||
The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social ] (in particular, in the contexts of ] or ]<ref>{{Cite journal|last=Navy Department|first=United States|date=1940|title=Compilation of Court-martial Orders, 1916-1937, 1940-41|journal=Compilation of Court-martial Orders, 1916-1937, 1940-41|pages=648}}</ref>), to defend ], to protect against future harms (in particular, those from ]), and to maintain the ]—and respect for ]—under which the social group is governed.<ref name=stanford-crimeState> | |||
The concept of matching proper consequences to ]s is called ]. The task of connecting crimes to individuals and apprehending those individuals is called ]. The task of handling individuals in accord with legal procedures is called ]. The task of deciding the fate of individuals is called ]. All together these societal functions form its ]. | |||
{{cite encyclopedia | |||
| last =Hugo | |||
| first =Adam Bedau | |||
| title =Punishment, Crime and the State | |||
| encyclopedia =Stanford Encyclopedia of Philosophy | |||
| date =February 19, 2010 | |||
| url =http://plato.stanford.edu/entries/legal-punishment/#PunCriSta | |||
| access-date =2010-08-04 | |||
|quote=The search for a precise definition of punishment that exercised some philosophers (for discussion and references see Scheid 1980) is likely to prove futile: but we can say that legal punishment involves the imposition of something that is intended to be burdensome or painful, on a supposed offender for a supposed crime, by a person or body who claims the authority to do so.}} | |||
</ref><ref name=punGR>and violates the law or rules by which the group is governed. | |||
{{cite web | |||
| quote =Punishment describes the imposition by some authority of a deprivation—usually painful—on a person who has violated a law, rule, or other norm. When the violation is of the criminal law of society there is a formal process of accusation and proof followed by imposition of a sentence by a designated official, usually a judge. Informally, any organized group—most typically the family, in rearing children—may punish perceived wrongdoers. | |||
| last =McAnany | |||
| first =Patrick D. | |||
| title =Punishment | |||
| work =Online | |||
| publisher =Grolier Multimedia Encyclopedia | |||
| date =August 2010 | |||
| url =http://gme.grolier.com/article?assetid=0238860-0 | |||
| archive-url =https://wayback.archive-it.org/all/20171019191602/http://auth.grolier.com/login/go_login.html?bffs=N | |||
| url-status =dead | |||
| archive-date =2017-10-19 | |||
| access-date =2010-08-04 | |||
}}</ref><ref name=stanford-theoryOf> | |||
{{cite encyclopedia | |||
| last =Hugo | |||
| first =Adam Bedau | |||
| title =Theory of Punishment | |||
| encyclopedia =Stanford Encyclopedia of Philosophy | |||
| date =February 19, 2010 | |||
| url =http://plato.stanford.edu/entries/punishment/#2 | |||
| access-date =2010-08-04 | |||
|quote=Punishment under law... is the authorized imposition of deprivations—of freedom or privacy or other goods to which the person otherwise has a right, or the imposition of special burdens—because the person has been found guilty of some criminal violation, typically (though not invariably) involving harm to the innocent. (The classical formulation, conspicuous in Hobbes, for example, defines punishment by reference to imposing pain rather than to deprivations.) This definition, although imperfect because of its brevity, does allow us to bring out several essential points.<!-- author does not seem to present his own def-->}} | |||
</ref><ref name=Peters1966> | |||
{{Cite journal | |||
|jstor=3120772 | |||
|title=Ethics and Education | |||
|journal=British Journal of Educational Studies | |||
|volume=20 | |||
|issue=3 | |||
|first=Richard Stanley | |||
|author-link=Richard Stanley Peters | |||
|last=Peters | |||
|year=1966 | |||
|pages=267–68 | |||
|quote=Punishment... involves the intentional infliction of pain or of something unpleasant on someone who has committed a breach of rules... by someone who is in authority, who has a right to act in this way. Otherwise, it would be impossible to distinguish 'punishment' from 'revenge'. People in authority can, of course, inflict pain on people at whim. But this would be called 'spite' unless it were inflicted as a consequence of a breach of rules on the part of the sufferer. Similarly a person in authority might give a person £5 as a consequence of his breaking a rule. But unless this were regarded as painful or at least unpleasant for the recipient it could not be counted as a case of 'punishment'. In other words at least three criteria of (i) intentional infliction of pain (ii) by someone in authority (iii) on a person as a consequence of a breach of rules on his part, must be satisfied if we are to call something a case of 'punishment'. There are, as is usual in such cases, examples that can be produced which do not satisfy all criteria. For instance there is a colloquialism which is used about boxers taking a lot of punishment from their opponents, in which only the first condition is present. But this is a metaphorical use which is peripheral to the central use of the term.<br /><br />In so far as the different 'theories' of punishment are answers to questions about the meaning of 'punishment', only the retributive theory is a possible one. There is no conceptual connection between 'punishment' and notions like those of 'deterrence', 'prevention' and 'reform'. For people can be punished without being prevented from repeating the offence, and without being made any better. It is also a further question whether they themselves or anyone else is deterred from committing the offence by punishment. But 'punishment' ''must'' involve 'retribution', for 'retribution' implies doing something to someone in return for what he has done.... Punishment, therefore, must be retributive—by definition.}} | |||
</ref><ref name=j-kleining> | |||
{{Cite journal | |||
| last =Kleining | |||
| first =John | |||
| title =R.S. Peters on Punishment | |||
| journal =British Journal of Educational Studies | |||
| volume =20 | |||
| issue =3 | |||
| pages =259–69 | |||
| date =October 1972 | |||
| jstor =3120772 | |||
| quote= Unpleasantness inflicted without authority is revenge, and if whimsical, is spite.... There is no conceptual connection between punishment, or deterrence, or reform, for people can be punished without being prevented from repeating the offence, and without being made better. And it is also a further question whether they themselves, or anyone else is deterred from committing the offence by punishment. | |||
| doi =10.1080/00071005.1972.9973352}} | |||
</ref> Punishment may be self-inflicted as with ] and ] in the religious setting, but is most often a form of social ]. | |||
The unpleasant imposition may include a ],<ref>{{Cite journal|last=Amis|first=S.|date=1773|title=Association for the Prosecution of Felons (WEST BROMWICH)|journal=|publisher=The British Library|pages=5}}</ref> ], or ], or be the removal or denial of something pleasant or desirable.<ref>{{Cite book |last=Duff |first=Anthony |title=Punishment, Communication, and Community |publisher=Oxford University Press |year=2001 |location=Switzerland |pages=xiii}}</ref> The individual may be a person, or even an animal. The authority may be either a group or a single person, and punishment may be carried out formally under a system of ] or informally in other kinds of social settings such as within a family.<ref name=punGR /> Negative or unpleasant impositions that are not authorized or that are administered without a breach of rules are not considered to be punishment as defined here.<ref name=Peters1966 /> The study and practice of the punishment of ]s, particularly as it applies to imprisonment, is called ], or, often in modern texts, ]; in this context, the punishment process is euphemistically called "correctional process".<ref name="StohrWalsh2008">{{cite book|author1=Mary Stohr|author2=Anthony Walsh|author3=Craig Hemmens|title=Corrections: A Text/Reader|url=https://books.google.com/books?id=LDcB7-EVi0cC&pg=PA2|year=2008|publisher=Sage|isbn=978-1-4129-3773-3|page=2}} | |||
The concept of punishments being abusively employed is called ] or (more generally) ]. For example ] and ] are abuses of justice. ] is an abuse of justice wherein large groups of people are "punished" for the offenses of individuals, or for actions or qualities which are subjectively deemed an "offense." | |||
</ref> Research into punishment often includes similar research into prevention. | |||
Justifications for punishment include ],<ref>{{Cite book|last=Congress. House. Subcommittee on Capital Markets, Insurance|first=United States. Committee on Financial Services. and Government Sponsored Enterprises|title=H.R. 2179, the Securities Fraud Deterrence and Investor Restitution Act of 2003 Hearing Before the Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises of the Committee on Financial Services, U.S. House of Representatives, One Hundred Eighth Congress, First Session, June 5, 2003|publisher=Committee on Financial Services|year=2003|isbn=978-0-16-070942-5|location=Purdue University|pages=50}}</ref> ], ], and ]. The last could include such measures as isolation, in order to prevent the wrongdoer's having contact with potential victims, or the removal of a hand in order to make theft more difficult.<ref name=justify>{{cite web | |||
==Etymology== | |||
| quote =Because punishment is both painful and guilt producing, its application calls for a justification. In Western culture, four basic justifications have been given: retribution, deterrence, rehabilitation, and incapacitation. The history of formal punitive systems is one of a gradual transition from familial and tribal authority to the authority of organized society. Although parents today retain much basic authority to discipline their children, physical beatings and other severe deprivations—once widely tolerated—may now be called child abuse | |||
The word is the abstract substantivation of the verb to punish, which has been recorded in English since 1340, deriving from Old French ''puniss-'', an extended form of the stem of ''punir'' "to punish," from Latin ''punire'' "inflict a penalty on, cause pain for some offense," earlier ''poenire'', from ''poena'' "penalty, punishment of great loss". Latin ''punire'' possibly was inspired by the ]n method of execution by means of ]. Therefore the ] crosses were called ''signae poenae'' "signs of the Phoenicians". | |||
| last =McAnany | |||
| first =Patrick D. | |||
| title =Justification for punishment (Punishment) | |||
| work =Online | |||
| publisher =Grolier Multimedia Encyclopedia | |||
| date =August 2010 | |||
| url =http://gme.grolier.com/article?assetid=0238860-0 | |||
| archive-url =https://wayback.archive-it.org/all/20171019191602/http://auth.grolier.com/login/go_login.html?bffs=N | |||
| url-status =dead | |||
| archive-date =2017-10-19 | |||
| access-date =2010-09-16 | |||
}}</ref> | |||
If only some of the conditions included in the definition of punishment are present, descriptions other than "punishment" may be considered more accurate. Inflicting something negative, or unpleasant, on a person or animal, without authority or not on the basis of a breach of rules is typically considered only ] or ] rather than punishment.<ref name=Peters1966/> In addition, the word "punishment" is used as a metaphor, as when a boxer experiences "''punishment''" during a fight. In other situations, breaking a rule may be rewarded, and so receiving such a reward naturally does not constitute punishment. Finally the condition of breaking (or breaching) the rules must be satisfied for consequences to be considered punishment.<ref name=Peters1966/> | |||
Colloquial use of "punish" for "inflict heavy damage or loss" is first recorded in 1801, originally in boxing; the meaning "hard-hitting" is from 1811. Just deserts no doubt reflects this in modern theories of punsihment. | |||
Punishments differ in their degree of severity, and may include ] such as ], deprivations of privileges or ], fines, ]s,<ref>{{Cite journal |last=J.M.,K.M, P.H. |first=Darley, Catsman, Robinson |date=2000 |title=Incapacitation and just deserts as motives for punishment. |url=https://doi.org/10.1023/A:1005552203727 |journal=Law and Human Behavior |volume=24 |issue=6 |pages=659–683|doi=10.1023/A:1005552203727 |pmid=11105478 }}</ref> ], the infliction of ],<ref>{{Cite journal|last=M., A|first=Frankenhaeuser, Rissler|date=1970|title=Effects of punishment on catecholamine release and efficiency of performance|journal=Psychopharmacologia|volume=17|issue=5|pages=378–390|doi=10.1007/BF00403809|pmid=5522998|s2cid=9187358}}</ref> ] and the ]. | |||
'']'' refers to punishments in which physical pain is intended to be inflicted upon the transgressor.<!-- some people have no pain receptors--> | |||
Punishments may be judged as fair or unfair<ref>{{Cite journal|last=C.|first=Mungan, Murat|date=2019|title=Salience and the severity versus the certainty of punishment|journal=International Review of Law and Economics|volume=57|pages=95–100|doi=10.1016/j.irle.2019.01.002|s2cid=147798726}}</ref> in terms of their degree of ] and ]<ref name=stanford-theoryOf /> to the offense. | |||
Punishment can be an integral part of socialization, and punishing unwanted behavior is often part of a system of ] or behavioral modification which also includes rewards.<ref name=sociologytimes>{{cite book|title=Sociology in Our Times: The Essentials | |||
|url=https://archive.org/details/sociologyourtime00kend | |||
|url-access=registration | |||
|author=Diana Kendall | |||
|edition=7th revised | |||
|publisher=Cengage Learning | |||
|year=2009 | |||
|isbn=978-0-495-59862-6}} | |||
</ref> | |||
==Definitions== | |||
] is a feature of prisons.]] | |||
] | |||
]'']] | |||
], 1793]] | |||
There are a large number of different understandings of what punishment is.<ref name="Is restorative justice punishment"/> | |||
==Definitions == | |||
===In philosophy=== | ===In philosophy=== | ||
Various philosophers have presented definitions of punishment.<ref name=stanford-crimeState/><ref name=punGR/><ref name=stanford-theoryOf/><ref name=Peters1966/><ref name=j-kleining/> Conditions commonly considered necessary properly to describe an action as punishment are that | |||
In common usage, the word "punishment" might be described as "an authorized imposition of deprivations — of freedom or privacy or other goods to which the person otherwise has a right, or the imposition of special burdens — because the person has been found guilty of some criminal violation, typically (though not invariably) involving harm to the innocent." | |||
# it is imposed by an authority (single or multiple), | |||
# it involves some loss to the supposed offender, | |||
# it is in response to an offense and | |||
# the human (or other animal) to whom the loss is imposed should be deemed at least somewhat responsible for the offense. | |||
===In psychology=== | ===In psychology=== | ||
{{Main|Punishment (psychology)}} | {{Main|Punishment (psychology)}} | ||
Introduced by ], punishment has a more restrictive and technical definition. Along with reinforcement it belongs under the ] category. Operant |
Introduced by ], punishment has a more restrictive and technical definition. Along with ] it belongs under the ] category. Operant conditioning refers to learning with either punishment (often confused as negative reinforcement) or a reward that serves as a positive reinforcement of the lesson to be learned.<ref>{{Cite journal|last=W, J.C|first=Furman, Masters|date=1980|title=Affective consequences of social reinforcement, punishment, and neutral behavior.|journal=Developmental Psychology|volume=16|issue=2|pages=100–104|doi=10.1037/0012-1649.16.2.100}}</ref> In psychology, punishment is the reduction of a behavior via application of an unpleasant stimulus ("''positive'' punishment") or removal of a pleasant stimulus ("''negative'' punishment"). Extra chores or ] are examples of positive punishment, while removing an offending student's recess or play privileges are examples of negative punishment. The definition requires that punishment is only determined after the fact by the reduction in behavior; if the offending behavior of the subject does not decrease, it is not considered punishment. There is some ] of punishment and ], though an aversion that does not decrease behavior is not considered punishment in psychology.<ref>{{Cite journal|last=I|first=Lorge|date=1933|title=The effect of the initial chances for right responses upon the efficacy of intensified reward and of intensified punishment.|journal=Journal of Experimental Psychology|volume=16|issue=3|pages=362–373|doi=10.1037/h0070228}}</ref><ref>{{Cite journal|last=Church|first=R.M.|date=1963|title=The varied effects of punishment on behavior|journal=Psychological Review|volume=70|issue=5|pages=369–402|doi=10.1037/h0046499|pmid=14049776}}</ref> Additionally, "aversive stimulus" is a label behaviorists generally apply to negative reinforcers (as in avoidance learning), rather than the punishers. | ||
== |
=== In socio-biology === | ||
Punishment is sometimes called '']'' or '']'';<ref>{{Cite journal|last=T.H., G.A.|first=Clutton-brock, Parker|date=1995|title=Punishment in animal societies|journal=Nature|volume=373|issue=6511|pages=209–216|doi=10.1038/373209a0|pmid=7816134|bibcode=1995Natur.373..209C|s2cid=21638607}}</ref> it has been observed in all{{clarify|date=October 2011|reason= 1. does source say AND support "ALL"? 2. Does source say CHEATING and punishment for CHEATING has been observed in ALL social animals? 3. Does source establish what counts as cheating among all social animals?}} species of ]s, leading evolutionary biologists to conclude that it is an ], selected because it favors ].<ref>{{cite book|author1=Mary Stohr|author2=Anthony Walsh|author3=Craig Hemmens|title=Corrections: A Text/Reader|url=https://books.google.com/books?id=LDcB7-EVi0cC&pg=PA3|year=2008|publisher=Sage|isbn=978-1-4129-3773-3|page=3}}</ref><ref>{{Cite journal|last=Fehr, Gätcher|first=Ernst, Simon|date=10 January 2002|title=Altruistic punishment in humans|journal=Nature|volume=415|issue=6868|pages=137–140|doi=10.1038/415137a|pmid=11805825|bibcode=2002Natur.415..137F|s2cid=4310962}}</ref> | |||
However, other evolutionary biologists have argued against punishment to favour cooperation. Dreber et al. demonstrate that while the availability of costly punishment can enhance cooperative behavior, it does not improve the group's average payoff. Additionally, there is a significant negative relationship between the overall payoff and the employment of costly punishment. Individuals who achieve the highest total payoffs generally avoid using costly punishment. This indicates that employing costly punishment in cooperative games may be disadvantageous and suggests that it may have evolved for purposes other than promoting cooperation.<ref>{{Cite journal |last1=Dreber |first1=Anna |last2=Rand |first2=David G. |last3=Fudenberg |first3=Drew |last4=Nowak |first4=Martin A. |date=March 2008 |title=Winners don't punish |journal=Nature |language=en |volume=452 |issue=7185 |pages=348–351 |doi=10.1038/nature06723 |issn=1476-4687 |pmc=2292414 |pmid=18354481|bibcode=2008Natur.452..348D }}</ref> | |||
Punishments are applied for various purposes, most generally, to encourage and enforce proper behavior as defined by society or family. ]s are punished judicially, by ], ] or ]s such as ]; detainees risk further punishments for breaches of internal rules. ], pupils and other trainees may be punished by their educators or instructors (mainly ]s, ]s, or ]s, tutors and ]es) - see ]. | |||
Achieving a certain proportion of trust in the population can lead to self-governance without the need for punishment.<ref>{{Cite journal |last1=Battu |first1=Balaraju |last2=Rahwan |first2=Talal |date=2023-01-21 |title=Cooperation without punishment |journal=Scientific Reports |language=en |volume=13 |issue=1 |pages=1213 |doi=10.1038/s41598-023-28372-y |issn=2045-2322 |pmc=9867775 |pmid=36681708|bibcode=2023NatSR..13.1213B }}</ref> | |||
], domestic and other servants used to be punishable by their masters. Employees can still be subject to a contractual form of fine or demotion. Most hierarchical organizations, such as military and police forces, or even churches, still apply quite rigid internal discipline, even with a judicial system of their own (court martial, canonical courts). | |||
==== Examples against sociobiological use ==== | |||
Punishment may also be applied on moral, especially religious, grounds, as in ] (which is voluntary) or imposed in a theocracy with a religious police (as in a strict Islamic state like Iran or under the ]) or (though not a true theocracy) by ]. | |||
There are also arguments against the notion of punishment requiring intelligence, based on studies of punishment in very small-brained animals such as ]s. There is proof of ] workers with mutations that makes them fertile laying eggs only when other honey bees are not observing them, and that the few that are caught in the act are killed.{{Citation needed|date=February 2017}} This is corroborated by ]s proving that a few simple reactions well within mainstream views of the extremely limited intelligence of insects are sufficient to emulate the "political" behavior observed in ]s. The authors argue that this ] the claim that punishment evolved as a strategy to deal with individuals capable of knowing what they are doing.<ref>''How the Body Shapes the Way We Think: A New View of Intelligence'', Rolf Pfeifer, Josh Bongard, foreword by Rodney Brooks. 2006</ref> | |||
==History and rationale== | |||
The progress of civilization has resulted in a change alike in the theory and in the method of punishment. In primitive society punishment was left to the individuals wronged or their families, and was vindictive or retributive: in quantity and quality it would bear no special relation to the character or gravity of the offense{{Citation needed|date=January 2010}}. | |||
In the case of more complex brains, the notion of evolution selecting for specific punishment of intentionally chosen breaches of rules and/or wrongdoers capable of intentional choices (for example, punishing ]s for murder while not punishing lethal ]es) is subject to criticism from ] issues. That punishment of individuals with certain characteristics (including but, in principle, not restricted to mental abilities) selects against those characteristics, making evolution of any mental abilities considered to be the basis for penal responsibility impossible in populations subject to such selective punishment. Certain scientists argue that this disproves the notion of humans having a biological feeling of intentional transgressions deserving to be punished.<ref>] (1886). ''Beyond Good and Evil: Prelude to a Philosophy of the Future''</ref><ref>Allen, Elizabeth, et al. (1975). "Against 'Sociobiology'". New York Review of Books 22 (Nov. 13).</ref><ref>Dawkins, Richard (1979). ''Twelve misunderstandings of kin selection''</ref><ref>"Observational Learning in Octopus vulgaris." Graziano Fiorito, Pietro Scotto. 1992.</ref><ref>Aliens of the deep sea, documentary. 2011.</ref> | |||
Gradually there would arise the idea of proportionate punishment, of which the characteristic type is ]. The second stage was punishment by individuals under the control of the state, or community{{Citation needed|date=January 2010}}; in the third stage, with the growth of law, the state took over the primitive function and provided itself with the machinery of ] for the maintenance of public order{{Citation needed|date=January 2010}}. Henceforward crimes are against the state, and the exaction of punishment by the wronged individual is illegal (compare ]). | |||
==Scope of application== | |||
Even at this stage the vindictive or retributive character of punishment remains, but gradually, and specially after the humanist movement under thinkers like ] and ], new theories begin to emerge. Two chief trains of thought have combined in the condemnation of primitive theory and practice. | |||
Punishments are applied for various purposes, most generally, to encourage and enforce proper behavior as defined by society or family. ]s are punished judicially, by ], ] or ]s such as ]; detainees risk further punishments for breaches of internal rules.<ref>{{Cite journal|last=Lyman Julius Nash|first=Wisconsin|date=1919|title=Wisconsin Statutes|journal=Legislative Reference Bureau, 1919|volume=1|pages=2807–2808}}</ref> ]ren, pupils and other trainees may be punished by their educators or instructors (mainly ]s, ], or ]s, tutors and ])—see ]. | |||
], domestic and other servants were subject to punishment by their ]. Employees can still be subject to a contractual form of fine or ]. Most hierarchical organizations, such as military and police forces, or even ], still apply quite rigid internal discipline, even with a judicial system of their own (], ]s). | |||
On the one hand the retributive principle itself has been very largely superseded by the protective and the reformative; on the other punishments involving bodily pain have become objectionable to the general sense of society. Consequently corporal and even capital punishment occupy a far less prominent position, and tend everywhere to disappear. | |||
Punishment may also be applied on moral, especially religious, grounds, as in ] (which is voluntary) or imposed in a ] with a religious police (as in a strict ] like ] or under the ]) or (though not a true theocracy) by ]. | |||
It began to be recognized also that stereotyped punishments, such as belong to penal codes, fail to take due account of the particular condition of an offence and the character and circumstances of the offender. A fixed fine, for example, operates very unequally on rich and poor. | |||
==Hell as punishment== | |||
Modern theories date from the 18th century, when the humanitarian movement began to teach the dignity of the individual and to emphasize his rationality and responsibility. The result was the reduction of punishment both in quantity and in severity, the appearance of the ], and the first attempts to study the psychology of crime and to distinguish between classes of criminals with a view to their improvement (see ], ], ]). | |||
Belief that an individual's ultimate punishment is being sent by God, the highest authority, to an existence in ], a place believed to exist in the after-life, typically corresponds to ]s committed during their life. Sometimes these distinctions are specific, with ] suffering for each sin committed (see for example Plato's ] or Dante's '']''), but sometimes they are general, with condemned sinners relegated to one or more chamber of Hell or to a level of suffering. | |||
==History and rationale== | |||
These latter problems are the province of criminal anthropology and criminal sociology, sciences so called because they view crime as the outcome of anthropological viz. social conditions. The law breaker is himself a product of social evolution and cannot be regarded as solely responsible for his disposition to transgress. Habitual crime is thus to be treated as a disease. Punishment can, therefore, be justified only insofar as it either protects society by removing temporarily or permanently one who has injured it, or acting as a deterrent, or aims at the moral regeneration of the criminal. Thus the retributive theory of punishment with its criterion of justice as an end in itself gives place to a theory which regards punishment solely as a means to an end, utilitarian or moral, according as the common advantage or the good of the criminal is sought. | |||
] timeline]] | |||
=== Seriousness of a crime; punishment that fits the crime === | |||
In his 1975 book '']'', ] describes in detail the evolution of punishment from ] of medieval times to the modern systems of ] and ]s. He sees a trend in criminal punishment from ] by the King to a more practical, utilitarian concern for ] and ]. | |||
{{main|Retributive justice|Eye for an eye}} | |||
{{see also|Felony|Misdemeanor}} | |||
A principle often mentioned with respect to the degree of punishment to be meted out is that the punishment should match the crime.<ref>''Doing Justice – The Choice of Punishments'', A Vonhirsch, 1976, p. 220 | |||
</ref><ref> | |||
''Criminology'', Larry J. Siegel | |||
</ref><ref> | |||
, ''Duke Law Journal'', Feb 1990, Vol. 1, Kenneth Dau-Schmidt | |||
</ref> | |||
One standard for measurement is the degree to which a crime affects others or society.<ref>{{Cite journal |last=David |first=Wood |date=2002 |title=Retribution, Crime Reduction and the Justification of Punishment. |url=http://www.jstor.org/stable/3600555. |journal=Oxford Journal of Legal Studies |volume=20 |issue=2 |pages=301–321|jstor=3600555 }}</ref> Measurements of the ] of a crime have been developed.<ref name=OSS>{{cite journal | last1 = Lynch | first1 = James P. | last2 = Danner | first2 = Mona J.E. | year = 1993| title = Offense Seriousness Scaling: An Alternative to Scenario Methods | journal = Journal of Quantitative Criminology | volume = 9 | issue = 3| pages = 309–22 | doi = 10.1007/BF01064464 | s2cid = 144528020 }}</ref> | |||
A ] is generally considered to be a crime of "high ]", while a ] is not. | |||
==Possible reasons for punishment== | |||
A particularly harsh punishment is sometimes said to be ], after ], the lawgiver of the classical polis of Athens. But as the adjective Spartan still testifies, its wholly militarized rival Sparta was the harshest a state of law can be on its own citizens, e.g. ] (including flogging for being caught when stealing as ordered). | |||
{{See also|Sociology of punishment|Criminal justice}} | |||
There are many possible reasons that might be given to justify or explain why someone ought to be punished; here follows a broad outline of typical, possibly conflicting, justifications. | |||
In ], punishment is the presentation of a stimulus contingent on a response which results in a decrease in response strength (as evidenced by a decrease in the frequency of response). The effectiveness of punishment in suppressing the response depends on many factors, including the intensity of the stimulus and the consistency with which the stimulus is presented when the response occurs. In parenting, additional factors that increase the effectiveness of punishment include a verbal explanation of the reason for the punishment and a good relationship between the parent and the child. There are also parent/child relations that never acquire punishment, cause nothing wrong has been done. | |||
=== Deterrence === | |||
==Possible reasons for punishment == | |||
Two reasons given to justify punishment<ref name=justify/> is that it is a measure to prevent people from committing an offense - deterring previous offenders from re-offending, and preventing those who may be contemplating an offence they have not committed from actually committing it. This punishment is intended to be sufficient that people would choose not to commit the crime rather than experience the punishment. The aim is to deter everyone in the community from committing offences. | |||
{{See also|Criminal justice}} | |||
There are many possible reasons that might be given to justify or explain why someone ought to be punished; here follows a broad outline of typical, possibly contradictory, justifications. | |||
Some criminologists state that the number of people convicted for crime does not decrease as a result of more severe punishment and conclude that deterrence is ineffective.<ref>reference | J. Mitchell Miller | 2009 | 21st Century Criminology: A Reference Handbook</ref> Other criminologists object to said conclusion, citing that while most people do not know the exact severity of punishment such as whether the sentence for murder is 40 years or life, most people still know the rough outlines such as the punishments for armed robbery or forcible rape being more severe than the punishments for driving too fast or misparking a car. These criminologists therefore argue that lack of deterring effect of increasing the sentences for already severely punished crimes say nothing about the significance of the existence of punishment as a deterring factor.<ref>reference | Gennaro F. Vito, Jeffrey R. Maahs | 2015 | Criminology</ref><ref>reference | Frank E. Hagan | 2010 | Introduction to Criminology: Theories, Methods, and Criminal Behavior</ref> | |||
=== Rehabilitation === | |||
{{Main|Rehabilitation (penology)}} | |||
Some punishment includes work to reform and ] the wrongdoer so that they will not commit the offence again. This is distinguished from deterrence, in that the goal here is to change the offender's attitude to what they have done, and make them come to see that their behavior was wrong. | |||
Some criminologists argue that increasing the sentences for crimes can cause criminal investigators to give higher priority to said crimes so that a higher percentage of those committing them are convicted for them, causing statistics to give a false appearance of such crimes increasing. These criminologists argue that the use of statistics to gauge the efficiency of crime fighting methods are a danger of creating a reward hack that makes the least efficient criminal justice systems appear to be best at fighting crime, and that the appearance of deterrence being ineffective may be an example of this.<ref>reference | Anthony Walsh, Craig Hemmens | 2008 | Introduction to Criminology: A Text/Reader</ref><ref>Ronald L. Akers (2013). ''Criminological Theories: Introduction and Evaluation''</ref><ref>{{Cite web|url=https://www.healthychildren.org/English/family-life/family-dynamics/communication-discipline/Pages/Disciplining-Your-Child.aspx|title = What's the Best Way to Discipline My Child?| date=5 November 2018 }}</ref> | |||
=== Incapacitation / societal protection === | |||
Incapacitation is a justification of punishment that refers to when the offender’s ability to commit further offenses is removed. This is a forward-looking justification of punishment that views the future reductions in re-offending as sufficient justification for the punishment. This can occur in one of two ways; the offender’s ability to commit crime can be physically removed, or the offender can be geographically removed. | |||
=== Rehabilitation === | |||
The offender’s ability to commit crime can be physically removed in several ways. This can include cutting the hands off a thief, as well as other crude punishments. The castration of offenders is another punishment that can be justified by incapacitation, furthered by recent media coverage in Britain of the proposed chemical castration of sexual offenders. Incapacitation, in this sense, can include any number of punishments including taking away the driving license of a dangerous driver but can also include capital punishment. | |||
{{Main|Rehabilitation (penology)}} | |||
Some punishment includes work to reform and ] the culprit so that they will not commit the offence again.<ref name=justify/> This is distinguished from deterrence, in that the goal here is to change the offender's attitude to what they have done, and make them come to see that their behavior was wrong. | |||
=== Incapacitation === | |||
Despite this, incapacitation is predominately thought of as incarceration. Imprisonment has the effect of confining prisoners, physically preventing them from committing crimes against those outside, i.e. protecting the community. Before the widespread use of imprisonment, banishment was used as a form of incapacitation. Nowadays courts have a flexible array of sentence options available to them that can restrict offender’s movements, and subsequently their ability to commit crime. Football hooligans can, for example, be required to attend centres during football matches. | |||
{{Main article|Incapacitation (penology)}} | |||
Incapacitation as a justification of punishment<ref name=justify/> refers to the offender's ability to commit further offences being removed. Imprisonment separates offenders from the community, for example, Australia was a dumping ground for early British criminals. This was their way of removing or reducing the offenders ability to carry out certain crimes. The death penalty does this in a permanent (and irrevocable) way. In some societies, people who stole have been punished by having their hands amputated. | |||
Crewe<ref>{{cite journal |last1=Crewe |first1=D |title=Punitiveness and Resentment |journal=Journal of Theoretical and Philosophical Criminology |date=2021 |issue=13 |pages=64–91}}</ref> however, has pointed out that for incapacitation of an offender to work, it must be the case that the offender would have committed a crime had they not been restricted in this way. '''Should the putative offender not be going to commit further crimes, then they have not been incapacitated'''. The more heinous crimes such as murders have the lowest levels of recidivism and hence are the least likely offences to be subject to incapacitative effects. Antisocial behaviour and the like display high levels of recidivism and hence are the kind of crimes most susceptible to incapacitative effects. It is shown by life-course studies<ref>{{cite book |last1=Carlson |first1=C. |last2=Sarnecki |first2=J |title=An Introduction to Life-Course Criminology |date=2015 |publisher=Sage |location=London}}</ref> that long sentences for burglaries amongst offenders in their late teens and early twenties fail to incapacitate when the natural reduction in offending due to ageing is taken into account: the longer the sentence, in these cases, the less the incapacitative effect.<ref>{{cite journal |last1=Crewe |first1=D. |title=Punitiveness and Resentment |journal=Journal of Theoretical and Philosophical Criminology |date=2021 |issue=13 |pages=64–91}}</ref> | |||
Selective incapacitation is a modified form of incapacitation that rationalises the practice of giving only dangerous and persistent offenders long, and in some case indefinite, prison sentences. The approach adopts a utilitarian viewpoint that regards the protection, and subsequent happiness, of the majority as justification of giving excessive and indefinite prison sentences. There is, however, strong moral opposition to this concept. | |||
=== |
=== Retribution === | ||
{{Main|Retributive justice}} | |||
Criminal activities typically give a benefit to the offender and a loss to the victim.<ref>{{Cite journal|last=Sir William Draper|first=Junius|date=1772|title=Lettres|journal=Letters of Junius|pages=303–305}}</ref><ref>{{Cite journal|last=D|first=Wittman|date=1974|title=Punishment as retribution|url=https://doi.org/10.1007/BF00136647|journal=Theory and Decision|volume=4|issue=3–4|pages=209–237|doi=10.1007/BF00136647|s2cid=153961464}}</ref><ref>{{Cite journal|last=Blackwood|first=William|date=1830|title=The Southern Review. Vol. V. February and May, 1830.|journal=The Southern Review|location=Michigan State University|publisher=William Blackwood|volume=5|pages=871}}</ref><ref>{{Cite journal|last=Raworth|first=John|date=1644|editor-last=Buchanan|editor-first=David|title=The Historie of the Reformation of the Church of Scotland Containing Five Books, Together with Some Treatises Conducing to the History|journal=|pages=358}}</ref> Punishment has been justified as a measure of ],<ref name=justify/><ref>{{Cite journal|last=Falls|first=Margaret|date=April 1987|title=Retribution, Reciprocity, and Respect for Persons|journal=Law and Philosophy|volume=6|issue=1|pages=25–51|jstor=3504678|doi=10.1007/BF00142639|s2cid=144282576}}</ref><ref>{{Cite journal|last=K. M.|first=Carlsmith|date=2006|title=The roles of retribution and utility in determining punishment.|journal=Journal of Experimental Social Psychology|volume=42|issue=4|pages=437–451|doi=10.1016/j.jesp.2005.06.007}}</ref><ref>{{Cite book|last=Popping|first=S.|title=True Passive Obedience Restor'd in 1710. In a Dialogue Between a Country-man and a True Patriot|publisher=S. Popping|year=1710|location=The British Library|pages=8}}</ref> in which the goal is to try to rebalance any unjust advantage gained by ensuring that the offender also suffers a loss. Sometimes viewed as a way of "getting even" with a wrongdoer—the suffering of the wrongdoer is seen as a desired goal in itself, even if it has no restorative benefits for the victim. One reason ] have administered punishments is to diminish the perceived need for retaliatory "street justice", ], and ]. | |||
To act as a measure of prevention to those who are contemplating criminal activity. This deterrence is intended to prevent a re-offence by the offender by imposing a punishment that he/she wouldn't want to experience again. The aim is also to deter others in the community from committing the same or a similar offence by making an example of the offender. If this is the chief reason for punishment, the sentence may appear over-harsh when assessed against some of the other reasons. | |||
=== Restoration === | === Restoration === | ||
{{Main|Restorative |
{{Main|Restorative justice}} | ||
Especially applied to minor offenses, punishment may take the form of the offender "righting the wrong", or making restitution to the victim. ] or compensation orders are examples of this sort of penalty.<ref>{{cite web|url=http://www.la-articles.org.uk/libertarian_restitution.htm |title=restitution |publisher=La-articles.org.uk |access-date=2012-08-27}}</ref> In models of ], victims take an ''active'' role in a process with their offenders who are encouraged to take responsibility for their actions, "to repair the harm they've done—by apologizing, returning stolen money, or community service."<ref>"A New Kind of Criminal Justice", ''Parade'', October 25, 2009, p. 6.</ref> The restorative justice approach aims to help the offender want to avoid future offences. | |||
For minor offences, punishment may take the form of the offender "righting the wrong"; for example, a vandal might be made to clean up the mess he/she has made. | |||
=== Education and denunciation === | |||
In more serious cases, punishment in the form of fines and compensation payments may also be considered a sort of "restoration". | |||
] (early 16th century) in ], Germany]] | |||
Punishment can be explained by positive prevention theory to use the criminal justice system to teach people what are the social norms for what is correct, and acts as a reinforcement. | |||
Punishment can serve as a means for society to publicly express denunciation of an action as being criminal. Besides educating people regarding what is not acceptable behavior, it serves the dual function of preventing vigilante justice by acknowledging public anger, while concurrently deterring future criminal activity by stigmatizing the offender. | |||
Some ] argue that full restoration or restitution on an ] basis is all that is ever ], and that this is compatible with both retributivism and a ] degree of deterrence. | |||
This is sometimes called the "Expressive Theory" of denunciation.<ref>{{cite web |url=http://www.lexisnexis.com/lawschool/study/outlines/html/crim/crim01.htm |title=Theory, Sources, and Limitations of Criminal Law |access-date=2011-09-26}} | |||
</ref> | |||
The ] was a method for carrying out public denunciation.{{citation needed|date=August 2022}} | |||
Some critics of the education and denunciation model cite ]ary problems with the notion that a feeling for punishment as a social signal system evolved if punishment was not effective. The critics argue that some individuals spending time and energy and taking risks in punishing others, and the possible loss of the punished group members, would have been selected against if punishment served no function other than signals that could evolve to work by less risky means.<ref>J. Robert Lilly, Francis T. Cullen, Richard A. Ball (2014). ''Criminological Theory: Context and Consequences''</ref><ref>] 2017 ''Criminology''</ref>{{page needed|date=October 2021}} | |||
=== Retribution === | |||
{{Main|Retributive justice}} | |||
] is the practice of "getting even" with a wrongdoer — the suffering of the wrongdoer is seen as good in itself, even if it has no other benefits. One reason for modern centrally-organized ] to include this judicial element is to diminish the perceived need for "street justice", ] and ]. However, some argue that this is a "]", that such acts of street justice and blood revenge are not removed from society, but responsibility for carrying them out is merely transferred to the state. | |||
=== Unified theory === | |||
Retribution sets an important standard on punishment — the transgressor must get what he deserves, but no more. Therefore, a thief put to death is not retribution; a murderer put to death is. ], who is credited as the father of Capitalism, wrote extensively about punishment. In his view, an important reason for punishment is not only deterrence, but also satisfying the resentment of the victim. Moreover, in the case of the death penalty, the retribution goes to the dead victim, not his family. (So, to extend Smith's views, a murderer can be spared the death penalty only by the victim's express wish, made when he was alive.) One great difficulty of this approach is that of judging exactly what it is that the transgressor "deserves". For instance, it may be retribution to put a thief to death if he steals a family's only means of livelihood; conversely, ] may lead to the conclusion that the execution of a murderer is not retribution. | |||
A unified theory of punishment brings together multiple penal purposes—such as retribution, deterrence and rehabilitation—in a single, coherent framework. Instead of punishment requiring we choose between them, unified theorists argue that they work together as part of some wider goal such as the protection of rights.<ref>{{cite web|url=http://www.oxfordbibliographies.com/view/document/obo-9780195396577/obo-9780195396577-0094.xml |title=Thom Brooks on Unified Theory of Punishment |access-date=2014-09-03}}</ref> | |||
== |
==Criticism== | ||
Some people think that punishment as a whole is unhelpful and even harmful to the people that it is used against.<ref>{{Cite journal|last=G.T|first=Gwinn|date=1949|title=The effects of punishment on acts motivated by fear|journal=Journal of Experimental Psychology|volume=39|issue=2|pages=260–69|doi=10.1037/h0062431|pmid=18125723}}</ref><ref>{{Cite book|last=Edgeworth, Edgeworth|first=Maria, Richard Lovell|title=Works of Maria Edgeworth: Practical education. 1825|publisher=S. H. Parker|year=1825|location=the University of California|pages=149}}</ref> Detractors argue that punishment is simply wrong, of the same design as "]". Critics argue that punishment is simply ]. Professor Deirdre Golash, author of ''The Case against Punishment: Retribution, Crime Prevention, and the Law'', says: | |||
From German Criminal Law, Punishment can be explained by positive prevention theory to use criminal justice system to teach people what are the social norms for what is correct and acts as a reinforcement. It teaches people to obey the law and eliminates the free-rider principle of people not obeying the law getting away with it. | |||
{{blockquote|We ought not to impose such harm on anyone unless we have a very good reason for doing so. This remark may seem trivially true, but the history of humankind is littered with examples of the deliberate infliction of harm by well-intentioned persons in the vain pursuit of ends which that harm did not further, or in the successful pursuit of questionable ends. These benefactors of humanity sacrificed their fellows to appease mythical gods and tortured them to save their souls from a mythical hell, broke and bound the feet of children to promote their eventual marriageability, beat slow schoolchildren to promote learning and respect for teachers, subjected the sick to leeches to rid them of excess blood, and put suspects to the rack and the thumbscrew in the service of truth. They schooled themselves to feel no pity—to renounce human compassion in the service of a higher end. The deliberate doing of harm in the mistaken belief that it promotes some greater good is the essence of tragedy. We would do well to ask whether the goods we seek in harming offenders are worthwhile, and whether the means we choose will indeed secure them.<ref name="golash">{{Cite web | url=https://www.questia.com/read/117883311/the-case-against-punishment-retribution-crime-prevention | title=The Case against Punishment: Retribution, Crime Prevention, and the Law - 2004, Page III by Deirdre Golash. | access-date=2017-09-10 | archive-date=2019-05-18 | archive-url=https://web.archive.org/web/20190518111947/https://www.questia.com/read/117883311/the-case-against-punishment-retribution-crime-prevention | url-status=dead }}</ref>}} Golash also writes about ]: | |||
{{blockquote|Imprisonment means, at minimum, the loss of liberty and autonomy, as well as many material comforts, personal security, and access to heterosexual relations. These deprivations, according to Gresham Sykes (who first identified them) "together dealt 'a profound hurt' that went to 'the very foundations of the prisoner's being. | |||
=== Denunciation / condemnation === | |||
Punishment can serve as a means for society to publicly express condemnation of a crime. This serves the dual function of curbing public anger away from vigilante justice, while concurrently stigmatizing the condemned in an effort to deter future criminal activity. This is also known as the "Expressive Theory." Punishment, viewed in this way, helps to give society a sense of moral uprightness, tending to confirm its moral right to have a justice system that exacts punishment on those who do not confirm to society's norms. Such a purpose can be readily accused of being hypocritical. | |||
But these are only the minimum harms, suffered by the least vulnerable inmates in the best-run prisons. Most prisons are run badly, and in some, conditions are more squalid than in the worst of slums. In the District of Columbia jail, for example, inmates must wash their clothes and sheets in cell toilets because the laundry machines are broken. Vermin and insects infest the building, in which air vents are clogged with decades' accumulation of dust and grime. But even inmates in prisons where conditions are sanitary must still face the numbing boredom and emptiness of prison life—a vast desert of wasted days in which little in the way of meaningful activity is possible.<ref name="golash" />}} | |||
=== Destructiveness to thinking and betterment === | |||
There are critics of punishment who argue that punishment aimed at intentional actions forces people to suppress their ability to act on intent. Advocates of this viewpoint argue that such suppression of intention causes the harmful behaviors to remain, making punishment counterproductive. These people suggest that the ability to make intentional choices should instead be treasured as a source of possibilities of betterment, citing that complex cognition would have been an evolutionarily useless waste of energy if it led to justifications of fixed actions and no change as simple inability to understand arguments would have been the most thrifty protection from being misled by them if arguments were for social manipulation, and reject condemnation of people who intentionally did bad things.<ref>''Mind, Brain and Education'', Kurt Fischer, Christina Hinton</ref> Punishment can be effective in stopping undesirable employee behaviors such as tardiness, absenteeism or substandard work performance. However, punishment does not necessarily cause an employee to demonstrate a desirable behavior.<ref>{{Cite web|url=https://www.bizjournals.com/wichita/stories/1996/11/18/focus3.html|title=Punishment in the workplace creates undesirable side effects|last=Milbourn|first=Gene Jr.|date=November 1996|access-date=November 21, 2018}}</ref> | |||
==See also== | ==See also== | ||
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==Citations== | |||
{{Reflist}} | |||
==References== | ==References== | ||
* {{cite EB1911 |wstitle=Punishment |volume=22 |page=653 |short=1}} | |||
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* {{cite book |author=Brooks, Thom |title=Punishment |publisher=Routledge |location=New York |year=2012 |isbn=978-0-415-85051-3 }} | |||
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* {{cite journal | last1 = Gade | first1 = Christian | year = 2020 | title = Is restorative justice punishment? | journal = Conflict Resolution Quarterly | volume = 38 | issue = 3 | pages = 127–155 | doi = 10.1002/crq.21293 | doi-access = free }} | |||
* {{cite book |author=Zaibert, Leo |title=Punishment and retribution |publisher=Ashgate |location=Aldershot, Hants, England |year=2006 |pages= |isbn=0-7546-2389-0 |oclc= |doi=}} | |||
* {{cite journal | last1 = Lippke | first1 = Richard | year = 2001 | title = Criminal Offenders and Right Forfeiture | journal = Journal of Social Philosophy | volume = 32 | issue = 1| pages = 78–89 | doi = 10.1111/0047-2786.00080 }} | |||
* {{cite encyclopedia|last=Mack|first=Eric |author-link= Eric Mack (philosopher) |editor-first=Ronald |editor-last=Hamowy |editor-link=Ronald Hamowy |encyclopedia=The Encyclopedia of Libertarianism |chapter=Retribution for Crime|chapter-url=https://sk.sagepub.com/reference/libertarianism/n263.xml|url= https://books.google.com/books?id=yxNgXs3TkJYC |doi=10.4135/9781412965811.n263 |year=2008 |publisher= ]; ] |location= Thousand Oaks, CA |isbn= 978-1412965804 |oclc=750831024| <!-- lccn = 2008009151 | -->pages=429–431}} | |||
* {{cite book |author=Zaibert, Leo |title=Punishment and retribution |publisher=Ashgate |location=Hants, England |year=2006 |isbn=978-0754623892 }} | |||
== External links == | == External links == | ||
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{{Wiktionary}} | {{Wiktionary}} | ||
* {{cite IEP |url-id=punishme |title=Punishment}} | |||
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* {{cite IEP |url-id=m-p-puni |title=The Moral Permissibility of Punishment}} | |||
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Latest revision as of 22:38, 14 December 2024
Imposition of an undesirable or unpleasant outcome For other uses, see Punishment (disambiguation).Criminology and penology | |||
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Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or behavior that is deemed undesirable. It is, however, possible to distinguish between various different understandings of what punishment is.
The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is most often a form of social coercion.
The unpleasant imposition may include a fine, penalty, or confinement, or be the removal or denial of something pleasant or desirable. The individual may be a person, or even an animal. The authority may be either a group or a single person, and punishment may be carried out formally under a system of law or informally in other kinds of social settings such as within a family. Negative or unpleasant impositions that are not authorized or that are administered without a breach of rules are not considered to be punishment as defined here. The study and practice of the punishment of crimes, particularly as it applies to imprisonment, is called penology, or, often in modern texts, corrections; in this context, the punishment process is euphemistically called "correctional process". Research into punishment often includes similar research into prevention.
Justifications for punishment include retribution, deterrence, rehabilitation, and incapacitation. The last could include such measures as isolation, in order to prevent the wrongdoer's having contact with potential victims, or the removal of a hand in order to make theft more difficult.
If only some of the conditions included in the definition of punishment are present, descriptions other than "punishment" may be considered more accurate. Inflicting something negative, or unpleasant, on a person or animal, without authority or not on the basis of a breach of rules is typically considered only revenge or spite rather than punishment. In addition, the word "punishment" is used as a metaphor, as when a boxer experiences "punishment" during a fight. In other situations, breaking a rule may be rewarded, and so receiving such a reward naturally does not constitute punishment. Finally the condition of breaking (or breaching) the rules must be satisfied for consequences to be considered punishment.
Punishments differ in their degree of severity, and may include sanctions such as reprimands, deprivations of privileges or liberty, fines, incarcerations, ostracism, the infliction of pain, amputation and the death penalty. Corporal punishment refers to punishments in which physical pain is intended to be inflicted upon the transgressor. Punishments may be judged as fair or unfair in terms of their degree of reciprocity and proportionality to the offense. Punishment can be an integral part of socialization, and punishing unwanted behavior is often part of a system of pedagogy or behavioral modification which also includes rewards.
Definitions
There are a large number of different understandings of what punishment is.
In philosophy
Various philosophers have presented definitions of punishment. Conditions commonly considered necessary properly to describe an action as punishment are that
- it is imposed by an authority (single or multiple),
- it involves some loss to the supposed offender,
- it is in response to an offense and
- the human (or other animal) to whom the loss is imposed should be deemed at least somewhat responsible for the offense.
In psychology
Main article: Punishment (psychology)Introduced by B.F. Skinner, punishment has a more restrictive and technical definition. Along with reinforcement it belongs under the operant conditioning category. Operant conditioning refers to learning with either punishment (often confused as negative reinforcement) or a reward that serves as a positive reinforcement of the lesson to be learned. In psychology, punishment is the reduction of a behavior via application of an unpleasant stimulus ("positive punishment") or removal of a pleasant stimulus ("negative punishment"). Extra chores or spanking are examples of positive punishment, while removing an offending student's recess or play privileges are examples of negative punishment. The definition requires that punishment is only determined after the fact by the reduction in behavior; if the offending behavior of the subject does not decrease, it is not considered punishment. There is some conflation of punishment and aversives, though an aversion that does not decrease behavior is not considered punishment in psychology. Additionally, "aversive stimulus" is a label behaviorists generally apply to negative reinforcers (as in avoidance learning), rather than the punishers.
In socio-biology
Punishment is sometimes called retaliatory or moralistic aggression; it has been observed in all species of social animals, leading evolutionary biologists to conclude that it is an evolutionarily stable strategy, selected because it favors cooperative behavior.
However, other evolutionary biologists have argued against punishment to favour cooperation. Dreber et al. demonstrate that while the availability of costly punishment can enhance cooperative behavior, it does not improve the group's average payoff. Additionally, there is a significant negative relationship between the overall payoff and the employment of costly punishment. Individuals who achieve the highest total payoffs generally avoid using costly punishment. This indicates that employing costly punishment in cooperative games may be disadvantageous and suggests that it may have evolved for purposes other than promoting cooperation.
Achieving a certain proportion of trust in the population can lead to self-governance without the need for punishment.
Examples against sociobiological use
There are also arguments against the notion of punishment requiring intelligence, based on studies of punishment in very small-brained animals such as insects. There is proof of honey bee workers with mutations that makes them fertile laying eggs only when other honey bees are not observing them, and that the few that are caught in the act are killed. This is corroborated by computer simulations proving that a few simple reactions well within mainstream views of the extremely limited intelligence of insects are sufficient to emulate the "political" behavior observed in great apes. The authors argue that this falsifies the claim that punishment evolved as a strategy to deal with individuals capable of knowing what they are doing.
In the case of more complex brains, the notion of evolution selecting for specific punishment of intentionally chosen breaches of rules and/or wrongdoers capable of intentional choices (for example, punishing humans for murder while not punishing lethal viruses) is subject to criticism from coevolution issues. That punishment of individuals with certain characteristics (including but, in principle, not restricted to mental abilities) selects against those characteristics, making evolution of any mental abilities considered to be the basis for penal responsibility impossible in populations subject to such selective punishment. Certain scientists argue that this disproves the notion of humans having a biological feeling of intentional transgressions deserving to be punished.
Scope of application
Punishments are applied for various purposes, most generally, to encourage and enforce proper behavior as defined by society or family. Criminals are punished judicially, by fines, corporal punishment or custodial sentences such as prison; detainees risk further punishments for breaches of internal rules. Children, pupils and other trainees may be punished by their educators or instructors (mainly parents, guardians, or teachers, tutors and coaches)—see Child discipline.
Slaves, domestic and other servants were subject to punishment by their masters. Employees can still be subject to a contractual form of fine or demotion. Most hierarchical organizations, such as military and police forces, or even churches, still apply quite rigid internal discipline, even with a judicial system of their own (court martial, canonical courts).
Punishment may also be applied on moral, especially religious, grounds, as in penance (which is voluntary) or imposed in a theocracy with a religious police (as in a strict Islamic state like Iran or under the Taliban) or (though not a true theocracy) by Inquisition.
Hell as punishment
Belief that an individual's ultimate punishment is being sent by God, the highest authority, to an existence in Hell, a place believed to exist in the after-life, typically corresponds to sins committed during their life. Sometimes these distinctions are specific, with damned souls suffering for each sin committed (see for example Plato's myth of Er or Dante's The Divine Comedy), but sometimes they are general, with condemned sinners relegated to one or more chamber of Hell or to a level of suffering.
History and rationale
Seriousness of a crime; punishment that fits the crime
Main articles: Retributive justice and Eye for an eye See also: Felony and MisdemeanorA principle often mentioned with respect to the degree of punishment to be meted out is that the punishment should match the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. A felony is generally considered to be a crime of "high seriousness", while a misdemeanor is not.
Possible reasons for punishment
See also: Sociology of punishment and Criminal justiceThere are many possible reasons that might be given to justify or explain why someone ought to be punished; here follows a broad outline of typical, possibly conflicting, justifications.
Deterrence
Two reasons given to justify punishment is that it is a measure to prevent people from committing an offense - deterring previous offenders from re-offending, and preventing those who may be contemplating an offence they have not committed from actually committing it. This punishment is intended to be sufficient that people would choose not to commit the crime rather than experience the punishment. The aim is to deter everyone in the community from committing offences.
Some criminologists state that the number of people convicted for crime does not decrease as a result of more severe punishment and conclude that deterrence is ineffective. Other criminologists object to said conclusion, citing that while most people do not know the exact severity of punishment such as whether the sentence for murder is 40 years or life, most people still know the rough outlines such as the punishments for armed robbery or forcible rape being more severe than the punishments for driving too fast or misparking a car. These criminologists therefore argue that lack of deterring effect of increasing the sentences for already severely punished crimes say nothing about the significance of the existence of punishment as a deterring factor.
Some criminologists argue that increasing the sentences for crimes can cause criminal investigators to give higher priority to said crimes so that a higher percentage of those committing them are convicted for them, causing statistics to give a false appearance of such crimes increasing. These criminologists argue that the use of statistics to gauge the efficiency of crime fighting methods are a danger of creating a reward hack that makes the least efficient criminal justice systems appear to be best at fighting crime, and that the appearance of deterrence being ineffective may be an example of this.
Rehabilitation
Main article: Rehabilitation (penology)Some punishment includes work to reform and rehabilitate the culprit so that they will not commit the offence again. This is distinguished from deterrence, in that the goal here is to change the offender's attitude to what they have done, and make them come to see that their behavior was wrong.
Incapacitation
Main article: Incapacitation (penology)Incapacitation as a justification of punishment refers to the offender's ability to commit further offences being removed. Imprisonment separates offenders from the community, for example, Australia was a dumping ground for early British criminals. This was their way of removing or reducing the offenders ability to carry out certain crimes. The death penalty does this in a permanent (and irrevocable) way. In some societies, people who stole have been punished by having their hands amputated.
Crewe however, has pointed out that for incapacitation of an offender to work, it must be the case that the offender would have committed a crime had they not been restricted in this way. Should the putative offender not be going to commit further crimes, then they have not been incapacitated. The more heinous crimes such as murders have the lowest levels of recidivism and hence are the least likely offences to be subject to incapacitative effects. Antisocial behaviour and the like display high levels of recidivism and hence are the kind of crimes most susceptible to incapacitative effects. It is shown by life-course studies that long sentences for burglaries amongst offenders in their late teens and early twenties fail to incapacitate when the natural reduction in offending due to ageing is taken into account: the longer the sentence, in these cases, the less the incapacitative effect.
Retribution
Main article: Retributive justiceCriminal activities typically give a benefit to the offender and a loss to the victim. Punishment has been justified as a measure of retributive justice, in which the goal is to try to rebalance any unjust advantage gained by ensuring that the offender also suffers a loss. Sometimes viewed as a way of "getting even" with a wrongdoer—the suffering of the wrongdoer is seen as a desired goal in itself, even if it has no restorative benefits for the victim. One reason societies have administered punishments is to diminish the perceived need for retaliatory "street justice", blood feud, and vigilantism.
Restoration
Main article: Restorative justiceEspecially applied to minor offenses, punishment may take the form of the offender "righting the wrong", or making restitution to the victim. Community service or compensation orders are examples of this sort of penalty. In models of restorative justice, victims take an active role in a process with their offenders who are encouraged to take responsibility for their actions, "to repair the harm they've done—by apologizing, returning stolen money, or community service." The restorative justice approach aims to help the offender want to avoid future offences.
Education and denunciation
Punishment can be explained by positive prevention theory to use the criminal justice system to teach people what are the social norms for what is correct, and acts as a reinforcement.
Punishment can serve as a means for society to publicly express denunciation of an action as being criminal. Besides educating people regarding what is not acceptable behavior, it serves the dual function of preventing vigilante justice by acknowledging public anger, while concurrently deterring future criminal activity by stigmatizing the offender. This is sometimes called the "Expressive Theory" of denunciation. The pillory was a method for carrying out public denunciation.
Some critics of the education and denunciation model cite evolutionary problems with the notion that a feeling for punishment as a social signal system evolved if punishment was not effective. The critics argue that some individuals spending time and energy and taking risks in punishing others, and the possible loss of the punished group members, would have been selected against if punishment served no function other than signals that could evolve to work by less risky means.
Unified theory
A unified theory of punishment brings together multiple penal purposes—such as retribution, deterrence and rehabilitation—in a single, coherent framework. Instead of punishment requiring we choose between them, unified theorists argue that they work together as part of some wider goal such as the protection of rights.
Criticism
Some people think that punishment as a whole is unhelpful and even harmful to the people that it is used against. Detractors argue that punishment is simply wrong, of the same design as "two wrongs make a right". Critics argue that punishment is simply revenge. Professor Deirdre Golash, author of The Case against Punishment: Retribution, Crime Prevention, and the Law, says:
We ought not to impose such harm on anyone unless we have a very good reason for doing so. This remark may seem trivially true, but the history of humankind is littered with examples of the deliberate infliction of harm by well-intentioned persons in the vain pursuit of ends which that harm did not further, or in the successful pursuit of questionable ends. These benefactors of humanity sacrificed their fellows to appease mythical gods and tortured them to save their souls from a mythical hell, broke and bound the feet of children to promote their eventual marriageability, beat slow schoolchildren to promote learning and respect for teachers, subjected the sick to leeches to rid them of excess blood, and put suspects to the rack and the thumbscrew in the service of truth. They schooled themselves to feel no pity—to renounce human compassion in the service of a higher end. The deliberate doing of harm in the mistaken belief that it promotes some greater good is the essence of tragedy. We would do well to ask whether the goods we seek in harming offenders are worthwhile, and whether the means we choose will indeed secure them.
Golash also writes about imprisonment:
Imprisonment means, at minimum, the loss of liberty and autonomy, as well as many material comforts, personal security, and access to heterosexual relations. These deprivations, according to Gresham Sykes (who first identified them) "together dealt 'a profound hurt' that went to 'the very foundations of the prisoner's being. But these are only the minimum harms, suffered by the least vulnerable inmates in the best-run prisons. Most prisons are run badly, and in some, conditions are more squalid than in the worst of slums. In the District of Columbia jail, for example, inmates must wash their clothes and sheets in cell toilets because the laundry machines are broken. Vermin and insects infest the building, in which air vents are clogged with decades' accumulation of dust and grime. But even inmates in prisons where conditions are sanitary must still face the numbing boredom and emptiness of prison life—a vast desert of wasted days in which little in the way of meaningful activity is possible.
Destructiveness to thinking and betterment
There are critics of punishment who argue that punishment aimed at intentional actions forces people to suppress their ability to act on intent. Advocates of this viewpoint argue that such suppression of intention causes the harmful behaviors to remain, making punishment counterproductive. These people suggest that the ability to make intentional choices should instead be treasured as a source of possibilities of betterment, citing that complex cognition would have been an evolutionarily useless waste of energy if it led to justifications of fixed actions and no change as simple inability to understand arguments would have been the most thrifty protection from being misled by them if arguments were for social manipulation, and reject condemnation of people who intentionally did bad things. Punishment can be effective in stopping undesirable employee behaviors such as tardiness, absenteeism or substandard work performance. However, punishment does not necessarily cause an employee to demonstrate a desirable behavior.
See also
- Capital punishment
- Coercion
- Corporal punishment
- Devaluation
- Discipline
- Discipline (BDSM)
- Extrajudicial punishment
- Hudud
- Intimidation
- Nulla poena sine lege
- Preventive state
- Suffering
- Telishment
Citations
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- ^ Gade, Christian B. N. (2020). "Is restorative justice punishment?". Conflict Resolution Quarterly. 38 (3): 127–155. doi:10.1002/crq.21293.
- Navy Department, United States (1940). "Compilation of Court-martial Orders, 1916-1937, 1940-41". Compilation of Court-martial Orders, 1916-1937, 1940-41: 648.
- ^
Hugo, Adam Bedau (February 19, 2010). "Punishment, Crime and the State". Stanford Encyclopedia of Philosophy. Retrieved 2010-08-04.
The search for a precise definition of punishment that exercised some philosophers (for discussion and references see Scheid 1980) is likely to prove futile: but we can say that legal punishment involves the imposition of something that is intended to be burdensome or painful, on a supposed offender for a supposed crime, by a person or body who claims the authority to do so.
- ^ and violates the law or rules by which the group is governed.
McAnany, Patrick D. (August 2010). "Punishment". Online. Grolier Multimedia Encyclopedia. Archived from the original on 2017-10-19. Retrieved 2010-08-04.
Punishment describes the imposition by some authority of a deprivation—usually painful—on a person who has violated a law, rule, or other norm. When the violation is of the criminal law of society there is a formal process of accusation and proof followed by imposition of a sentence by a designated official, usually a judge. Informally, any organized group—most typically the family, in rearing children—may punish perceived wrongdoers.
- ^
Hugo, Adam Bedau (February 19, 2010). "Theory of Punishment". Stanford Encyclopedia of Philosophy. Retrieved 2010-08-04.
Punishment under law... is the authorized imposition of deprivations—of freedom or privacy or other goods to which the person otherwise has a right, or the imposition of special burdens—because the person has been found guilty of some criminal violation, typically (though not invariably) involving harm to the innocent. (The classical formulation, conspicuous in Hobbes, for example, defines punishment by reference to imposing pain rather than to deprivations.) This definition, although imperfect because of its brevity, does allow us to bring out several essential points.
- ^
Peters, Richard Stanley (1966). "Ethics and Education". British Journal of Educational Studies. 20 (3): 267–68. JSTOR 3120772.
Punishment... involves the intentional infliction of pain or of something unpleasant on someone who has committed a breach of rules... by someone who is in authority, who has a right to act in this way. Otherwise, it would be impossible to distinguish 'punishment' from 'revenge'. People in authority can, of course, inflict pain on people at whim. But this would be called 'spite' unless it were inflicted as a consequence of a breach of rules on the part of the sufferer. Similarly a person in authority might give a person £5 as a consequence of his breaking a rule. But unless this were regarded as painful or at least unpleasant for the recipient it could not be counted as a case of 'punishment'. In other words at least three criteria of (i) intentional infliction of pain (ii) by someone in authority (iii) on a person as a consequence of a breach of rules on his part, must be satisfied if we are to call something a case of 'punishment'. There are, as is usual in such cases, examples that can be produced which do not satisfy all criteria. For instance there is a colloquialism which is used about boxers taking a lot of punishment from their opponents, in which only the first condition is present. But this is a metaphorical use which is peripheral to the central use of the term.
In so far as the different 'theories' of punishment are answers to questions about the meaning of 'punishment', only the retributive theory is a possible one. There is no conceptual connection between 'punishment' and notions like those of 'deterrence', 'prevention' and 'reform'. For people can be punished without being prevented from repeating the offence, and without being made any better. It is also a further question whether they themselves or anyone else is deterred from committing the offence by punishment. But 'punishment' must involve 'retribution', for 'retribution' implies doing something to someone in return for what he has done.... Punishment, therefore, must be retributive—by definition. - ^
Kleining, John (October 1972). "R.S. Peters on Punishment". British Journal of Educational Studies. 20 (3): 259–69. doi:10.1080/00071005.1972.9973352. JSTOR 3120772.
Unpleasantness inflicted without authority is revenge, and if whimsical, is spite.... There is no conceptual connection between punishment, or deterrence, or reform, for people can be punished without being prevented from repeating the offence, and without being made better. And it is also a further question whether they themselves, or anyone else is deterred from committing the offence by punishment.
- Amis, S. (1773). "Association for the Prosecution of Felons (WEST BROMWICH)". The British Library: 5.
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Because punishment is both painful and guilt producing, its application calls for a justification. In Western culture, four basic justifications have been given: retribution, deterrence, rehabilitation, and incapacitation. The history of formal punitive systems is one of a gradual transition from familial and tribal authority to the authority of organized society. Although parents today retain much basic authority to discipline their children, physical beatings and other severe deprivations—once widely tolerated—may now be called child abuse
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References
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External links
- "Punishment". Internet Encyclopedia of Philosophy.
- "The Moral Permissibility of Punishment". Internet Encyclopedia of Philosophy.