What would the criminal justice system be without punishment? Perhaps the criminal justice system would no longer have a function or would cease to exist. Punishment is one of the main aspects of the criminal justice system. It has such a meaning that it even reflects the beliefs and values of a particular society. Fyodor Dostoevsky (1821-1881) once said: “The degree of civilization of a society can be judged by entering its prisons.” (Pollock, 2010: 315). Punishment has existed since the beginning of civilization. With its rich history, the concept of punishment has been analyzed by some of the most renowned theorists, including Jeremy Bentham, Cesare Beccaria, Adolphe Quetelet and André-Michel Guerry (Pollock, 2010: 318). Once found guilty of a crime, the type of punishment must be determined. There are many different rationales used to answer why punishment needs to be inflicted. The motivations behind punishment include retribution, prevention, treatment, and rehabilitation. To better understand these motivations, ethical systems such as utilitarianism, ethical formalism and the ethics of care can be used. The general public should be informed about punishment, even more so professionals in the field of criminal justice should be aware of it because they are in some way directly connected to it. At one point in history punishment and incapacitation were seen as the only logical ways to respond to crime ( Pollock, 2010: 318). Most people used a religious perspective when looking at criminals. Criminals were believed to be sinners incapable of changing their behavior (Pollock, 2010: 318). From the beginning, punishment was a topic that required intellectual understanding. Two leading criminologists of the Classical School were Jeremy... at the center of the paper... the retentionists will not end soon. Nor will the debate on the dilemmas and motivations surrounding punishment. Punishment has been a topic known to interest people, from famous philosophers like Jeremy Bentham and Adolphe Quetelet to just about anyone. The topic of punishment will continue to require better understanding. Punishment has existed since the beginning of civilization. Inevitably, over time, the forms of punishment considered acceptable today will change. Without punishment, would our criminal justice system cease to exist? Or would a functioning society cease to exist? Society will likely always rely on one form of punishment or another. Punishment is one of the main aspects of the criminal justice system. It has such a meaning that it even reflects the beliefs and values of a particular society.
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