{"id":1172,"date":"2017-09-27T17:19:20","date_gmt":"2017-09-27T17:19:20","guid":{"rendered":"https:\/\/courses.lumenlearning.com\/suny-fmcc-criminallaw\/?post_type=chapter&p=1172"},"modified":"2018-10-28T11:23:55","modified_gmt":"2018-10-28T11:23:55","slug":"1-5-the-purposes-of-punishment","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/suny-sccc-criminallaw\/chapter\/1-5-the-purposes-of-punishment\/","title":{"raw":"1.5 The Purposes of Punishment","rendered":"1.5 The Purposes of Punishment"},"content":{"raw":"
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Learning Objective<\/h3>\r\n
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  1. Ascertain the effects of specific and general deterrence, incapacitation, rehabilitation, retribution, and restitution.<\/li>\r\n<\/ol>\r\n<\/div>\r\n

    Punishment has five recognized purposes: deterrence<\/em>, incapacitation<\/em>, rehabilitation<\/em>, retribution<\/em>, and restitution<\/em>.<\/p>\r\n\r\n

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    Specific and General Deterrence<\/h2>\r\n

    Deterrence prevents future crime by frightening the defendant<\/em> or the public<\/em>. The two types of deterrence are specific<\/a><\/span> and general deterrence<\/a><\/span><\/strong>. Specific deterrence applies to an individual defendant<\/em>. When the government punishes an individual defendant, he or she is theoretically less likely to commit another crime because of fear of another similar or worse punishment. General deterrence applies to the public<\/em> at large. When the public learns of an individual defendant\u2019s punishment, the public is theoretically less likely to commit a crime because of fear of the punishment the defendant experienced. When the public learns, for example, that an individual defendant was severely punished by a sentence of life in prison or the death penalty, this knowledge can inspire a deep fear of criminal prosecution.<\/p>\r\n\r\n<\/div>\r\n

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    Incapacitation<\/h2>\r\n

    Incapacitation<\/a><\/span> prevents future crime by removing the defendant from society. Examples of incapacitation are incarceration, house arrest, or execution pursuant to the death penalty.<\/p>\r\n\r\n<\/div>\r\n

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    Rehabilitation<\/h2>\r\n

    Rehabilitation<\/a><\/span> prevents future crime by altering a defendant\u2019s behavior. Examples of rehabilitation include educational and vocational programs, treatment center placement, and counseling. The court can combine rehabilitation with incarceration or with probation or parole. In some states, for example, nonviolent drug offenders must participate in rehabilitation in combination with probation, rather than submitting to incarceration (Ariz. Rev. Stat., 2010). This lightens the load of jails and prisons while lowering recidivism<\/a><\/span>, which means reoffending.<\/p>\r\n\r\n<\/div>\r\n

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    Retribution<\/h2>\r\n

    Retribution<\/a><\/span> prevents future crime by removing the desire for personal<\/em> avengement (in the form of assault, battery, and criminal homicide, for example) against the defendant. When victims or society discover that the defendant has been adequately punished for a crime, they achieve a certain satisfaction that our criminal procedure is working effectively, which enhances faith in law enforcement and our government.<\/p>\r\n\r\n<\/div>\r\n

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    Restitution<\/h2>\r\n

    Restitution<\/a><\/span> prevents future crime by punishing the defendant financially<\/em>. Restitution is when the court orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages award. Restitution can be for physical injuries, loss of property or money, and rarely, emotional distress. It can also be a fine<\/em> that covers some of the costs of the criminal prosecution and punishment.<\/p>\r\n\r\n

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    Figure 1.4<\/span> Different Punishments and Their Purpose<\/p>\r\n\"Different<\/a>\r\n\r\n<\/div>\r\n

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    Key Takeaways<\/h3>\r\n