PY 1103, Moral Problems: Punishment
Definition: the deliberate
infliction of suffering or deprivation on someone, because of a crime they have
committed.
The utilitarian
justification:
- Since punishment consists in the infliction of
suffering, it is in itself an evil.
- The only justification for it is if the suffering
of those punished is outweighed by the greater overall suffering in
society as a whole that would result from there not being a system of
punishment.
- There are three good consequences of punishment:
1. Protection of society.
2. Deterrent.
3. Reform and rehabilitation.
- Punishment should be as lenient as is compatible
with these three goals.
The retributivist
justification:
- Wrongdoers deserve to suffer for the crimes they have voluntarily
committed, because they are responsible for having committed the
crime. Deserved suffering is
good in itself, because it is
just.
- Only the guilty may be punished, and the extent
of the punishment must be proportional to the seriousness of the crime.
- This is based on a broader principle, that people
deserve to be treated in the same way they have voluntarily treated others
in the past.
- Kant: giving punishments proportionate to the
crime respect people as rational autonomous agents who are responsible for
their actions.
The utilitarian objection
to retributivism:
- It is inhumane and unprogressive to deliberately
inflict suffering on someone, when no-one will be benefited by it Ð either
the criminal, or society.
The retributivist
objection to utilitarianism:
- Kant: The utilitarian justification of punishment
is disrespectful, because it treats criminals as mere means to the good of
society.
- It could condone punishing the innocent, or
punishing people to a degree that was not proportionate to the seriousness
of their crime.