Criminal Punishment

Theories of Punishment
Criminal Punishments major tenets
Retribution Deterrence Incapacitation Rehabilitation

Retribution
Can be seen in most forms of punishment Criminals have taken unfair advantage of society and we must balance the scales If you violate the law you give up your rights

Deterrence
General Individual

Incapacitation
Keep the criminals away Out of sight out of mind Banishment Prison

Rehabilitation

Prison System in the United States

Through 2010-2,266,800 prisoners
China is 2nd with 1,549,000 prisoners

Around 750 prisoners for every 100,000 people

Russia Second with 584 per 100,000 people

40 state survey estimated prison costs at $54 Billion

Prison Population and Crime Breakdown

60% are nonviolent offenders
25% of total are nonviolent drug offenders Up from 10% in 1980

Only 3% increase in violent crime from 1980-2008

Property crimes are down 20% over the same period U.S. population increase of about 33% Prison population increase of about 350%

Way Too Crowded

What are We doing Now?

Alternative Punishments include
Fines/Restitution Community Corrections Drug Courts Probation

Other Alternative Punishments

Caning
Used in several countries thought the world Seen as cruel and unusual in the U.S.

Shaming
Seen more commonly in misdemeanors today Put in Stocks?

Death Penalty: The Ultimate Deterrent

43 executions in 2011 A little over 3,000 inmates on death row in U.S. Average of 176 months (14.6 years) between sentencing and execution

The Argument
Ernest Van Den Haag
Death Penalty advocate Laid out 7 common arguments against and tried to refute them

Statistics Show it Doesnt Deter Crime

Too many variables that produce too many studies with different results Best Bet argument Common Sense Argument

Application is Arbitrary
Prosecutorial Leverage
Used as a bargaining chip If that is lost then, in theory criminals get lighter sentences

Death Penalty is Racist

All that matters is guilt Doesnt this apply to all punishments? Punish whites harder?

It is Permanent
Miscarriage is unavoidable and worth it A life sentence is essentially a death sentence The death penalty actually discourages miscarriages of justice Nearly all human activities, such as trucking, lighting, or construction, cost the lives of some innocent bystanders. We do not give up these activities, because the advantages, moral or material, outweigh the unintended losses. Analogously, for those who think the death penalty just, miscarriages of justice are offset by the moral benefits and the usefulness of doing justice

It is Too Expensive
Why is it so expensive
Max security prisons Appeals process

It is Hypocritical
All punishment is hypocritical
Child Abduction Thief

It is Degrading/Dehumanizing etc
This is an article of faith
It assumes that nothing deserves the death penalty It has been used throughout history Everyone dies not everyone has their rights stripped away

Final Thoughts
The American justice system has serious issues What will we do about prison overcrowding? Are alternative punishments a feasible option? Where will the death penalty debate go from here?