Moral responsibility, reward and punishment

Aims of punishment

• Protection

• Retribution

• Deterrence

• Reformation

Protection

Punishment often aims to protect more people from becoming victims of crime. As a prison sentence removes a criminal from society, innocent people are prevented from suffering from wrongdoing as the criminal has no option to commit further crime. Terrorists, murderers, rapists and drug dealers are given prison sentences as they pose a danger to the rest of society

Retribution

In simple terms, this means revenge.’Getting even’ with a person who has committed a crime means that criminals suffer just as they have made others suffer. For some victims of crime, this is the only way that they feel justice can be done

Deterrence

For many people, one of the main aims of punishment is to deter or put people off committing crime altogether. Historically in England this was the main purpose of the death penalty, and is still seen to be the aim of capital punishment in some states of the USA where executions take place for murder. For a deterrent to work, the criminals who are caught need to be made an example of in order to warn others in society not to commit crime.

Reformation

One of the main aims of modern punishment is to reform or rehabilitate offenders so that they can understand why they committed offences and attempt to ‘fix’ these problems. Reform can take the shape of therapy, counselling, education or training

What might a hard determinist believe about crime and punishing?

Criminals are not responsible morally for their actions/ crime

Which aim might they agree with? Why? (considering hard determinism)

Protect society from criminals. Maybe reformation - to help them change their behaviour

What might someone who agrees with psychological determinism believe about the purpose of punishment? (considering hard determinism)

Change their psychology through reformation

‘Sin’ means to go against God's will. What might a hard determinist say about the religious idea of sin?

Nothing. As sin implies you are choosing freely to go against God's will

Which other Christian beliefs does hard determinism challenge?

Judgement day, heaven and hell and having freedom to develop into Jesus’ likeness. No point in Jesus coming down if our sin is determined

What might a libertarian believe about crime and punishing crime?

Criminal behaviour is entirely morally responsible by the person and deserve to be punished.

Considering libertarianism which aim of punishment may they agree with? Why?

Retribution, deterrence and protection

Kant offers a libertarian account of punishment as retributive. How might Kant justify retributive punishment?

As this can be (maxim) universalised and contribute to the state of law of humans to act freely. For Kant in order to be free we need to be in a state of law not nature. Rejects deterrence - as we should never use humans as a means to an end. Rejects rehabilitation as doesn't treat humans as animals - should be treated as rational creatures

What might a compatabilist believe about crime and punishing crime?

If they could choose to do otherwise, then their action was free and they are morally responsible. Hume believes if your action comes from your desire then you are responsible for it. Patricia Churchland would ask how much control did they have on committing the crime