At first glance, utilitarian theories and in particular incapacitation offer the most persuasive rationale for a recidivist sentencing premium. The Court, on the other hand, held that the vulnerability of children, coupled with the fact that five other states handed down similar sentences, was enough to justify the lower Courts decision. It ensures that we are protected from murderers, muggers and rapists- and it makes many who are tempted to commit crime think twice (Michael Howard, Home Secretary 1993). In this case, the defendants punishment, both with a jail sentence and being forced to pay back every dollar of the money he stole. Either option takes a life for a life. 17 For graphic illustrations, see Walker, Nigel, Dangerousness and Mental Disorder, p. 183Google Scholar, Meek, John, The Revival of Preventive Detention in New Zealand 198693, Australian and New Zealand Journal of Criminology, xxviii (1995), 225CrossRefGoogle Scholar, Judge's Lenience Leads to Tragedy, Melbourne Age, 02 17, 1996Google Scholar. Also, according to official crime statistics, I believe, there is not such effectiveness as Michael Howards supported about prison/punishment and toughness on crime. Psychological influences focus on building a profile to match the offender and the reason behind their crimes rather than focusing entirely on the social factors that Marxists focus on. We're here to answer any questions you have about our services. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Transformative justice is a strategy like its name would suggest: it is a way of treating a crime as an educational and transformational opportunity for the offender. See more. 5 The term reductivism appears to have been coined by Walker, Nigel, who confesses to its being rather ugly. (Other non-harsh incapacitative measures include licence cancellation.) Benthams book stated how utilitarianism tells us that if torturing an innocent child to death would bring a better consequencetorturing an innocent child to death would be the right thing to do , therefore, in the case of incapacitation they would allow people to be punished on the grounds of crimes which they have not already committed. The difficulty lies in identifying those likely to commit serious crimes, in determining who is dangerous. Thus, the ideas that physical bodies are collections of atoms or that a given mental state (e.g., one persons belief that snow is white) is identical to a particular physical state (the firing of certain neurons in that persons brain) are examples of reductionism. However, as pointed out below, it is open for them to support the third approach ahead of the second. Recent articles include: John Pratt, Dangerousness, Risk and Technologies of Power, Australian and New Zealand Journal of Criminology, xxviii (1995); Charles W. Lidz and Edward P. Mulvey, Dangerousness: From Legal Definition to Theoretical Research, Law and Human Behavior, xix (1995); Randy K. Otto, On the Ability of Mental Health Professionals to Predict Dangerousness: a Commentary on Interpretations of the Dangerousness Literature, Law and Psychology Review, xviii (1994); Estella Baker, Dangerousness, Rights and Criminal Justice, Modern Law Review, lvi (1993). For punishment to reduce future crimes, the pain and unhappiness caused to the offender must be outweighed by the avoidance of unpleasantness to other people in the future (Cavadino, 2002). Omissions? punishment as a social institution is an inherently complex business that needs to be approached from a range of theoretical perspectives as no single interpretation will grasp the diverse meanings generated by punishment (Carrabine, 2004). British English and American English are only different when it comes to slang words. Watch your back! 18 On the other hand, it may be argued that it is part of an official's professional capacity to be able to resist such pressure. Total loading time: 0 4955)Google Scholar, but the relation between them investigated here is quite different. The reductive theory of punishment justifies that punishment occurs because it helps to prevent and reduce future consequences of crime, acting as a forward-looking theory for the general good. Study for free with our range of university lectures! Simply Psychology's content is for informational and educational purposes only. These various ways of attempting to reduce crime raise different epistemological issues. retributive justice, response to criminal behaviour that focuses on the punishment of lawbreakers and the compensation of victims. A reductionist approach to studying mental disorders has led to the development of effective chemical treatments. Some societies use Oxford Academic personal accounts to provide access to their members. The introduction of the RRP (1992) (CBT) aimed to prevent reoffending by focusing on the individuals self-control. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account. Moreover, claims that if punishment takes place, future crime will be less than if no penalty were inflicted. Insofar as support is concerned, this can translate to mean that the community is all in favor of sending the offender to jail for his crime. Expert evidence may be of considerable assistance here. Marxist penology is mostly focused on the economical structure and the processes of production within society, the social inequality in a capitalist society and finally, the oppression of working-class people by middle and upper-class. This cookie is set by GDPR Cookie Consent plugin. This is supported by Rawls who claimed, the most natural wayprinciple of rational choice for one man, this meant that one had to endure pain now in order to prevent a greater pain. In effect, by being reductionist we may be asking smaller, more specific questions and therefore not addressing the bigger issue of why we behave as we do. 17; Australian Institute of Criminology), ed. He also argued that punishment should aim to achieve the greatest happiness for society and its nature should be measured by the felicific calculus, whereby the pleasure of gaining is not equal to the evil of losing . They would have found it to be extremely unpleasant (individual deterrence) or through seeing the effects of punishment on other people (general deterrence). Punishing Persistent Offenders: Exploring Community and Offender Perspectives, Paying for the Past: The Recidivist Sentencing Premium, Reductivist Sentencing Perspectives and the Role of Previous Convictions, Consequentialist approaches to sentencing: deterrence and incapacitation, Defiance in practice: punishing the recalcitrant offender, Retributivist objections to punishing defiance, Insufficient punishment or lack of responsiveness to a specific sanction, Awareness of illegal nature of specific conduct, Restorative justice and the role of the crime victim, Retributive Approaches to Previous Convictions, Role of Previous Convictions: Representative Sentencing Frameworks, The View From the Dock: Perceptions of Sentenced Offenders, Sentenced Individuals' Reactions to the Recidivist Sentencing Premium, Reconceptualizing the Recidivist Sentencing Premium, 'Reductivist Sentencing Perspectives and the Role of Previous Convictions', Archaeological Methodology and Techniques, Browse content in Language Teaching and Learning, Literary Studies (African American Literature), Literary Studies (Fiction, Novelists, and Prose Writers), Literary Studies (Postcolonial Literature), Musical Structures, Styles, and Techniques, Popular Beliefs and Controversial Knowledge, Browse content in Company and Commercial Law, Browse content in Constitutional and Administrative Law, Private International Law and Conflict of Laws, Browse content in Legal System and Practice, Browse content in Allied Health Professions, Browse content in Obstetrics and Gynaecology, Clinical Cytogenetics and Molecular Genetics, Browse content in Public Health and Epidemiology, Browse content in Science and Mathematics, Study and Communication Skills in Life Sciences, Study and Communication Skills in Chemistry, Browse content in Earth Sciences and Geography, Browse content in Engineering and Technology, Civil Engineering, Surveying, and Building, Environmental Science, Engineering, and Technology, Conservation of the Environment (Environmental Science), Environmentalist and Conservationist Organizations (Environmental Science), Environmentalist Thought and Ideology (Environmental Science), Management of Land and Natural Resources (Environmental Science), Natural Disasters (Environmental Science), Pollution and Threats to the Environment (Environmental Science), Social Impact of Environmental Issues (Environmental Science), Neuroendocrinology and Autonomic Nervous System, Psychology of Human-Technology Interaction, Psychology Professional Development and Training, Browse content in Business and Management, Information and Communication Technologies, Browse content in Criminology and Criminal Justice, International and Comparative Criminology, Agricultural, Environmental, and Natural Resource Economics, Teaching of Specific Groups and Special Educational Needs, Conservation of the Environment (Social Science), Environmentalist Thought and Ideology (Social Science), Pollution and Threats to the Environment (Social Science), Social Impact of Environmental Issues (Social Science), Browse content in Interdisciplinary Studies, Museums, Libraries, and Information Sciences, Browse content in Regional and Area Studies, Browse content in Research and Information, Developmental and Physical Disabilities Social Work, Human Behaviour and the Social Environment, International and Global Issues in Social Work, Social Work Research and Evidence-based Practice, Social Stratification, Inequality, and Mobility, https://doi.org/10.1093/acprof:oso/9780199283897.001.0001, https://doi.org/10.1093/acprof:oso/9780199283897.003.0002. Download the full version above. The Oxford Companion to Philosophy suggests that reductionism is "one of the most used and abused terms in the philosophical lexicon" and suggests a three-part division:. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. recidivism, tendency toward chronic criminal behaviour leading to numerous arrests and re-imprisonment. Enter your library card number to sign in. Consider the part played by reductivism, incapacitation, retribution, deterrence and rehabilitation as by-products of the perceived need for the criminal justice system to punish offenders. On appeal, the Louisiana Supreme Court upheld the sentence. While every effort has been made to follow citation style rules, there may be some discrepancies. Looking for a flexible role? 11 H. L. A. Hart, drawing on Anthony Flew and Stanley Benn, defined the standard or central case of punishment in terms of five elements which one writer summarized as follows: hard treatment intentionally inflicted on a person who has offended against a legal rule, by an authority constituted by the relevant legal system. The term retribution means, in the simplest sense, revenge. 38 See Lyons, David, The Forms and Limits of Utilitarianism, Oxford, 1965, and Ten, pp. So for example, we might better understand a mental disorder such as depression by bringing together explanations from physiological, cognitive and sociocultural levels. ( art) A minimalist movement in abstract painting and sculpture from the 1950s onwards. Such a punishment though unfortunately makes it difficult to identify that kind of offenders. When justifying other alternatives for punishment, the CJA 1991 emphasised the proportionality between crime and sentence and the removal of past convictions, which was influenced by retributivism this would enable the offender to acknowledge that they have the chance to restart. Note also Andrew von Hirsch, Past and Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals, New Brunswick, 1986. The focus is on sentencing purposes that attempt to reduce crime directly, by means of threats or detention, or indirectly through some other purpose such as restoration. Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. Retributivism definition, a policy or theory of criminal justice that advocates the punishment of criminals in retribution for the harm they have inflicted. ) a minimalist movement in abstract painting and sculpture from the 1950s onwards Other incapacitative. 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