Thursday, April 24, 2008

4:33 PM

The Philosophy of Crime Sentencing

Modern sentencing practices are influenced by 5 goals, namely retribution, incapacitation, deterrence, rehabilitation and restoration. However, we should not take these goals solely at face value. Even though retribution is based upon the need for vengeance, its main aim is actually to make the criminal face up and be responsible for their actions by bearing the consequences. Under retribution, criminals are punished according to the type and severity of their crime. Thus, it helps us to realize the impact their crime has caused and allow them to reflect upon their atrocities committed while suffering their punishment. Retribution and incapacitation are linked because in today’s society, the common privilege of every single person is freedom. Taking away the freedom of criminals via incapacitation is equivalent to taking away their most basic yet important right. By making them lose their freedom, they lose their right to make decisions, to choose and to come and go freely. Some people may equate that to ‘no life at all’. Thus, incapacitation fulfils the aim of retribution by making the person suffer the consequences of losing his freedom, giving him time to reflect on his actions.

Deterrence, rehabilitation and restoration should also work hand-in-hand as rehabilitation leads to deterrence and restoration. Rehabilitation is effective as it does not use the ‘iron fist’ to reform criminals, but uses education and psychological treatment instead. This is crucial in today’s society as people are less likely to succumb to force rather than in the past. This might be due to rising affluence, making people more arrogant and prideful. Education and psychological treatment also addresses the root of the problem, while using force might only make the person give in temporarily. It cannot be sustained in the long run. Rehabilitation leads to deterrence because with increased awareness of their wrongdoings and its effects, criminals are more likely to come to terms with the negative effects they have caused, allowing them to repent. It is only through true repentance can criminals totally eradicate the urge and desire to commit the crime again. In addition, if criminals are given a platform to share their rehabilitation experiences, I believe it would serve as an effective deterrence to the public.

One success story of rehabilitation is an inmate’s experience after receiving a ‘Way to Happiness’ booklet, which is the rehabilitation programme of Crimnion Inc. He mentioned that “This course has made me realize where I have gone wrong in my life. It has re-established my self-esteem and self-identity. I wish that I could have had access to this course before I got into trouble with the law. These things I learned from the lessons I can and will be able to apply to my living on the inside as well as the outside. I will walk with more dignity and integrity once again”. This shows us that rehabilitation can indeed change a person’s perspective, make him value his life more, and deter him from committing crimes again.

Rehabilitation also addresses restoration as it is only with education can criminals realize their follies. Only when they have come to know the impacts they have caused on their victims’ lives, will they go about trying to make amends, and what other ways would be best than through restoration. Restoration encompasses restitution, community work service, victim-offender mediation and so on, which helps to bridge the gap between criminals and their victims.

Thus, the 5 goals should work together by first introducing incapacitation which brings about the idea of retribution. Following this, rehabilitation should be carried out to ensure deterrence and restoration, making the criminal’s road to reform more meaningful.

Melissa :)

0 comments

March 2008
April 2008
May 2008
June 2008
July 2008
August 2008