Definition And Broader Applicability Of The Function Of...

Within our American legal system, the notion of how, to what extent, and why an offender should be punished following his or her transgression are the primary tenets of sentencing policies and the ultimate goal of achieving justice and preventing the spread of crime. Contention exists around the particular definition and broader applicability of the function of punishment, (Sayre-McCord 2001; Wringe 2012; Montague 2002; Hanna 2012; Kelly 2009; Stafford Warr 1993), yet overall, there is agreement that punishment serves to fulfill four primary motivations – specific and general deterrence, incapacitation of the offender, retribution, and restoration and rehabilitation of both the offender and the victim of a crime. Deterrence refers to†¦show more content†¦As such, here the perpetrator’s moral offense is of primary concern (in contrast with more complex concerns about the victim’s status following a crime, or the message an offense may send to society at-large), and the imposed punishment must be â€Å"morally proportional† to the offense, motivating such phrases as â€Å"just deserts†, â€Å"an eye for an eye†, or punishment simply for punishment’s sake (Okimoto, Weather, Feather, 2011; Gerber Jackson 2013). In contrast, restorative justice is a more holistic framework which focuses on repairing the harm an offender’s criminal behavior inflicts upon him or herself, the victim, and society at large. This can be accomplished through mechanisms such as increasing dialogue and cooperation between the victim and offender (i.e. conflict resolution or victim-offender mediations sessions), rehabilitating the offender to develop remorse and genuinely understand the gravity and repercussions of their criminal actions on the victim and the overall community, and working to slowly reintegrate both the offender and victim back into society (Okimoto, Weather, Feather 2011; Braithwaite 1999). Looking at these two approaches together, in the context of our modern criminal justice system, punishment and sentencing decisions are largely based on retributive motivations. Because of this, many argue that restorative justice canShow MoreRelatedLeadership and Management in the 20th Century2998 Words   |  12 Pageshandle, where as the word lead means to go. Similarly as the two words have different definitions, they also have different purposes. 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That is, to prevent, reduce or avoid negative environmental or social problems that arise in the supply chain, and/or to verify