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A comparison of the early formations and contemporary developments of the classicism perspective. Classicism emerged in the late eighteenth century.
This was largely in response to the arbitrary and cruel forms of punishment that dominated the pre-modern system of justice and crime control.
The utilitarian influence claims that human beings are primarily motivated by the desire to maximise their own happiness and, in turn, minimise pain.
At the core of the classicist school of thought is the view that human beings exercise free will and assume criminal activity based on rational choice and hedonistic impulses Newburn,p. This essay will critically compare the early formations of the classical perspective with modern-day developments and applications of the theory.
This will be done by comparing and contrasting the recent developments of preventive justice with the core principles of the classical theory in relation to justice. The main theorists that will be used to explore these contemporary developments will be Andrew Ashworth and Lucia Zedner and for theories of the early formations, the work of Jeremy Bentham and Cesare Beccaria will be considered.
This introductory section provides a brief overview of what is meant by the term preventive justice. It then goes on to explore the similarities and the differences between the early theories of classicism and the modern day development of preventive justice. These include measures such as: Their definition of coercive preventive measure is: This essay will also concentrate on the coercive preventive measure when exploring preventive justice.
Beccaria was a strong supporter of the social contract theory with its emphasis on the notion that individuals can only be legitimately bound to society if they give their consent to the societal arrangements. He proposed that in order to escape the social chaos and barbarism that existed when there were no laws, each member of society must sacrifice part of their liberty to the sovereign of the nation-state.
He saw punishment as necessary to defend the liberties of individuals against those that interfered with them Hostettler,p. These conceptions of the relationship between state and citizen can be evidenced with preventive justice.
The citizen is seen to have a duty to the state and to one another to abide by the law and to accept state coercive measures as the necessary price for peace and good order. Therefore to quote Ashworth and Zedner The punishment of people for past wrongdoing and the prevention of future wrongdoing are the central basis for criminal law, as in the case of serious criminal offences such as murder and rape.
However, there are some offences that were created specifically for preventive reasons, and that can be said to have a primarily preventive reasoning.
The punishments for such offences would appear to be contradictory to Beccaria proposition that the seriousness of the crime should be judged not by the intentions of the offender but by the harm that it does to society.
In addition, Beccaria proposed that punishment must be administered in proportion to the crime that has been committed and should be set on a scale or tariff with the most severe penalties reserved for offences that caused the most harm to society Burke,p.
The aforementioned would then imply that such preventive measures are contradictory to these theories as no harm has come to society; however Beccaria tolerates to some extent punishment before any crime is committed or harm is caused.
He accepted that punishment can be justified for the attempt but must be less than that for a crime actually committed. He applies the same concept to accomplices with the accomplice receiving a lesser punishment than the main offender Hostettler,p.
Additionally, cases of preventive justice where the punishment is prolonged purely for preventive purposes, such as the case with persistent or dangerous offenders would also contravene these early teachings of Beccaria.
For this reason, he proposed that the punishment must outweigh any money, goods, pleasure, power or excitement received from crime. Consequently, the emphasis was not on the harm caused to society but rather on the pleasure gained by the offender from the crime Burke,p.
Due to this, he allowed greater punishment to secure conformity and accepted harsher punishment for repeat offending to encourage law abiding behavior in the future William,p.
Nonetheless, the degree to which greater and harsher punishments creates obedience to the law is questionable. The key difference between the two logics is that preventive justice is aiming for risk reduction and classical theories for crime prevention. Civil prevention orders are issued by the civil courts and are made in respect of a person who has not been convicted of a criminal offence.The main reason there are so many sexual psychopaths and serial killers (aka soldiers) in the world is that women find them sexually exciting.
As an amusing side note, in a science essay called "The Sight Of Home" Isaac Asimov once calculated how far an interstellar colony would have to be from Terra before Sol was too dim to be seen in the colony's night sky with the naked leslutinsduphoenix.com out that colonies further than 20 parsecs (65 light-years) cannot see Mankind's Homestar, because Sol's apparent magnitude is dimmer than 6.
Punishment in school is necessary to discipline students. Students should be reprimanded for laziness and misbehaving in school.
Punishment is necessary for several crimes like, armed robberies, murder, kidnapping and drug trafficking; punishment for such kind of offences is not only to be fined or reprimanded but to pay by death penalty.4/4(2).
Also punishment means something that is against the will of the person and it is much easier to follow the rules and be disciplined instead of getting punished and doing something you really don’t like much.
However, when parents speak of discipline, they often mean corporal punishment. Corporal punishment, though, involves the application of physical pain Words; 2 Pages; Richard .
No essay on discipline can be complete without drawing attention to the fact that discipline can be spontaneous from ones own nature or it can be forced through the fear of punishment from an authoritarian source. Enforced discipline from outside is really the first step to self-discipline.