Another form of deterrence is denunciation It is a merge of retribution and utilitarianism According to the theory of denunciation the punishment should be an expression of social condemnation and act as a deterrent as well as they profess the idea that the criminal deserves to be punished Deterrence is related to the denunciation based on the fear that they evoke Denunciation however is aimed at discouraging law abiding citizens from committing crimes There is a preponderance of people who do not steal because they believe that theft is unfair This reflects on the offender being punished for crime they have committed and it is based on vindictive resentment Émile Durkheim 1960 argued that one of the functions of criminal law and punishment is to strengthen the collective conscience of society and thus the declaration that ensured that society abstains from crime Durkheim believed that punishment is educational It teaches people to obey the law of fear known as the deterrence It defines a crime as an act that offends collective consciousness the totality of beliefs and sentiments common to the average members of a society which forms a determinate system with a life of its own
According to Durkheim collective consciousness gets into every part of society it also has a separate reality and is independent of individual conditions it is also passed down from generation to generation In this it differs from specific or individual consciences Collective consciousness informs us about our sense of belonging and identity and about our behaviour Durkheim worked on this concept to explain how unique individuals are combined into collective entities such as social groups and societies Feinberg believes that punishment should be determined by her expressive function that penalties lack As proof of his statement he describes several types of penalties that are not related to utilitarian or retributivist ideas In one case what counts is who punishes over what punishment itself includes which is not covered in either of these two theories Feinberg uses expressive theory to explain why responsibility for tolerance is tolerated when penalties are punished but not when punishment involves imprisonment and solve the problem of justification for punishment which is not solved by the retributive theory
The social movement promoting the idea of mediation is the so called restorative justice Corrective justice in the area of penal policy offers an alternative to retranslation to solve the crisis caused by crime Her ideas focus on such concepts as relationships reconciliation reparation of harm done Reaction to crime is not to be a retaliation but a process in which the perpetrator takes responsibility for the act committed seeking reconciliation and real compensation of damage in a manner determined by all persons affected by the crime victim perpetrator and local community It's all about fixing the damage that the perpetrator caused to the victim and the community but what is particularly interesting also to yourself the great advantage of the idea of restorative justice is the possibility of active participation of the victim in his own case which is to help her a great deal in getting out of the personal crisis caused by the crime The purpose of the mediation is to recognise the guilt of the perpetrator to express remorse apologise to the aggrieved party and jointly determine how to remedy the damage The difference in corrective and restorative justice paradigms is the perception of the perpetrator of the offence Guided by the retaliatory model the person committing an offence should be condemned for the act he committed It is assumed that someone who has committed a crime is a demoralised person and having a bad intention which is guided only by the pursuit of his own good Guided by the idea of retribution the individual is judged for the deed he has committed without taking other factors into account
On the other hand the corrective justice model requires condemning not the individual but the act she has done In the system of retributive justice the penalty is to act as a wrongdoing for the perpetrator of the crime Therefore he punishes the harm A person only after serving a sentence may recognise his debt to the repaid as repaid The model of restorative justice however is guided by the idea of doing good as a factor that can balance the evil done to the victim Therefore it has a special task to heal all who have become consciously or unconsciously parties to the conflict A prison is a place of all limitations from moving around satisfying various needs participating in public life performing social roles to gathering energy and spending it gathering information and passing it on Arguments against imprisonment and a prison institution are often quoted in many works Simply put we can divide them into three spheres The first concerns the claim that imprisonment causes various adverse changes in the personality of prisoners The second sphere proves that imprisonment leads to numerous adverse social consequences such as family breakdown divorce Finally the third sphere of argument refers to the institution the cause of all evil is the impossible to eliminate features of the institution and the way it was organised such as overcrowding A positive aspect of prison is the fact that for a shorter or longer time it effectively isolates socially dangerous units from society For some of the people it can play a strong deterrent role Contrary to the claims of some staying in a closed prison is not a dream form of spending free time even for very demoralised people The sense of freedom contact with nature the possibility of going to a store or a pub is in fact those kinds of pleasures that are valued by almost every human being and whose lack is one of the basic complaints of staying in prison
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