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Submission: Via Electronically, Plagiarism Free!!

Formatting:

  • FIVE pages, excluding references
  • Times New Roman, 12 font size
  • 1.5 line spacing


Answer ONE question from the following options:


1. Which of the core penal rationales (retribution, rehabilitation, deterrence, incapacitation, and restoration) do you think is most justified and why? Use real-world examples to support your position.

2. Describe how the ‘modern prison’ came into being. To what extent is it an improvement on the methods of punishment that preceded it?

3. It is estimated that between 95% - 98% of criminal cases are decided through plea bargaining negotiations. How is this vast subsystem incentivized, in whose interests does it serve, and what are the implications for ‘justice’?

4. Racial disparities manifest at every stage of the criminal legal system. Focusing on one or more of the dimensions below, describe how this works and what it means for the lived experiences of minorities:

  • Law enforcement
  • Sentencing
  • Punishment
  • Re-entry

5. Why are supermax prisons considered necessary in the U.S.? How strong is the case in defence of these carceral arrangements?

6. What exactly does ‘penal privatization’ mean? In your view, what are its central ethical problems? Use examples to illustrate your arguments.

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Prisons and Punishment Midterm Essay Questions Deadline: October 25th Submission: Via Electronically, Plagiarism Free!! Formatting: - FIVE pages, excluding references Times New Roman, 12 font size 1.5 line spacing Answer ONE question from the following options: 1. Which of the core penal rationales (retribution, rehabilitation, deterrence, incapacitation, and restoration) do you think is most justified and why? Use realworld examples to support your position. 2. Describe how the ‘modern prison’ came into being. To what extent is it an improvement on the methods of punishment that preceded it? 3. It is estimated that between 95% - 98% of criminal cases are decided through plea bargaining negotiations. How is this vast subsystem incentivized, in whose interests does it serve, and what are the implications for ‘justice’? 4. Racial disparities manifest at every stage of the criminal legal system. Focusing on one or more of the dimensions below, describe how this works and what it means for the lived experiences of minorities: - Law enforcement Sentencing Punishment Re-entry 5. Why are supermax prisons considered necessary in the U.S.? How strong is the case in defence of these carceral arrangements? 6. What exactly does ‘penal privatization’ mean? In your view, what are its central ethical problems? Use examples to illustrate your arguments.
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Running head: CRIMINAL SYSTEM

1

Prisons and Punishment
Name
Institutional Affiliation

CRIMINAL SYSTEM

2
Prisons and Punishment

Different governments adopt different rationales when according punishment as a way
of enforcing law and order. The rationales of punishment are divided into two main theories,
which include utilitarian and retributive theories. An understanding of the goals of the two
theories help one make a rational decision on the most justifiable means of punishment.
According to utilitarian theory, the rationales seek to deter wrongdoers from engaging in
criminal activities in the future. The philosophy behind the use of rationales under utilitarian
theory is to maximize happiness in the society. The rationales recognize that it is impossible
to have a society that is free from evil but there should be better ways of curtailing crime
levels to minimum as possible. Punishment is therefore, one of the ways that can help check
on the level of crime. The rationales under utilitarian theory are consequentialist in nature
since they view the punishment in terms of positive effects to both the offenders and the
society. Rationales under retributive theory seek to punish offenders since they deserve
punishment for committing crimes. They mostly focus on the actual crimes, since they lead to
punishment. The rationales under the retributive theory seek to take avenge since the
wrongdoers also inflict pain to the society. It is therefore appropriate to make them suffer just
as they make the society suffer (Phelps, 2011).
According to Phelps (2011), deterrence and incapacitation as rationales under
utilitarian theory of punishment work in two ways. First, deterrence ensures that the offenders
do not engage in further perpetuation of crimes by subjecting the offenders in prisons, which
limit their acts for a period. Incapacitation, on the other hand, serves to prevent future
commitment of crimes by subjecting the offenders to some kind of unpleasant environment,
which deters them from committing crimes once they finish serving their terms in prisons.
Rehabilitati...


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