The name "America" is often used to refer to the United States, but until the political formation of the United States after the Revolutionary War, this designation referred to South America only.
Originally, tort and criminal law were indistinguishable, and, even when the two branches began to acquire independent identities, the former remained for a very long time in the shadow of the latter. Research in the United Stateshowever, has shown that some jurisdictions that use the death penalty have higher murder rates than those that do not.
There are several interpretations of this pattern. Some argue that use of the death penalty is a response to, but not a cause of, high murder rates, while some maintain that it has a brutalizing effect on society that increases the incidence of murder by instilling a lower regard for human life.
See below Effectiveness of punishment. Another form of deterrence, known by the term denunciation, utilizes public condemnation as a form of community moral education. In this approach, a person found guilty of a crime is denounced—that is, subjected to shame and public criticism.
Although denunciation is closely associated with general deterrence through fear—and many courts have imposed sentences designed to achieve both objectives simultaneously—there is an important distinction between them.
Education through denunciation is generally aimed at discouraging law-abiding citizens from committing criminal acts. Its object is to reinforce their rejection of law-breaking behaviour. Most people do not steal because they believe that stealing is dishonest; a sentence imposed on a thief reinforces that view.
General deterrence through fear is aimed at those who avoid law-breaking behaviour not on moral grounds but on the basis of a calculation of the potential rewards and penalties involved. Individual deterrence Individual deterrence is directed at the person being punished: It is also the rationale of much informal punishment, such as parental punishment of children.
Theoretically, the effectiveness of individual deterrence can be measured by examining the subsequent conduct of the offender. Such studies often have been misleading, however, because in most cases the only basis for proving that the offender repeated his crime is a further conviction.
Because a high proportion of crimes do not result in convictionsmany offenders who are not reconvicted after being punished may have committed additional crimes.
Theories of deterrence and retribution share the idea that punishments should be proportionate to the gravity of the crime, a principle of practical importance. If all punishments were the same, there would be no incentive to commit the lesser rather than the greater offense.
The offender might as well use violence against the victim of a theft if the penalty for armed robbery were no more severe than that for larceny. Most instances of incapacitation involve offenders who have committed repeated crimes multiple recidivists under what are known as habitual offender statutes, which permit longer-than-normal sentences for a given offense.
Incapacitation is also utilized, for example, in cases involving offenders who are deemed dangerous such as those guilty of murder and likely to commit grave and violent crimes unless restrained.
Given the difficulty of identifying such offenders with certainty, the principle of incapacitation is controversial. It has also been difficult to reconcile with other principles, especially those advocating equal retribution.
In the U. The results were mixed, however, as the drug therapies achieved their intended purpose principally when they were used on a voluntary basis in connection with psychological treatments intended to help the offender understand and control his actions.
Rehabilitation The most recently formulated theory of punishment is that of rehabilitation—the idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community.
Established in legal practice in the 19th century, rehabilitation was viewed as a humane alternative to retribution and deterrence, though it did not necessarily result in an offender receiving a more lenient penalty than he would have received under a retributive or deterrent philosophy.
In many cases rehabilitation meant that an offender would be released on probation under some condition; in other cases it meant that he would serve a relatively longer period in custody to undergo treatment or training. One widely used instrument of rehabilitation in the United States was the indeterminate sentenceunder which the length of detention was governed by the degree of reform the offender exhibited while incarcerated.
At issue were cases in which this authority led to gross abuses, such as the lengthy detention of an offender guilty of only a minor crime, simply because of his inability or refusal to adopt a subservient attitude toward prison officials or other persons in positions of authority. Theories in conflict In the practical operation of a sentencing or penal system, theories of punishment often come into conflict.
The operation of any sentencing system requires officials to choose between different theories in different cases; no single theory provides a system suitable for all cases.
Punishment in non-Western societies Punishment in Islamic law Starting in the 19th century, most Muslim countries adopted Western criminal codes patterned after French, Swiss, or English systems of justice.
In practice, however, many such punishments are mitigated by social and political constraints. Thus, a person who is caught stealing might negotiate a lenient punishment by offering to pay for the item in question, often at a much higher price. The imposition of fines is a traditional punishment that has grown more common in some areas.
Murder within Islamic societies has traditionally been treated not as a crime against the people but as a dispute between family or tribal groups. Such arrangements reflect the general belief in Islamic societies that the life of the individual belongs to the group rather than to the individual himself or to society as a whole.
Within many Islamic countries the extra-judicial killing of persons by members of their own families for real or perceived moral infractions has been relatively common. Murders of this type are seldom punished, particularly when they involve the alleged sexual transgressions of a female, but when punishment is mandatedthe sentences are generally light.In the United States, binge drinking is defined as a pattern of drinking that brings your blood alcohol concentration level to g/dL or above within two hours.
5 According to national surveys, about 92% of American adults who drink excessively reported binge drinking in the past 30 days. 3 And although many binge drinkers are not dependent. The Great Republic: Presidents and States of the United States of America, and Comments on American History.
Taking everything together then, I declare that our city is the School [or "Education"] of Greece [, tês Helládos Paídeusis], and I declare that in my opinion each single one of our citizens, in all the manifold aspects of life, is able to show himself the rightful lord and owner of.
Medical Dark Ages Quotes. By Wade Frazier.
Revised in July Introduction. Section 1. Section 2.
Section 3. Section 4. Section 5. Section 6. Section 7. Recent Updates NPSC “Without the mitigation analysis, investigation and assessment of the NPSC team of experts, I would be serving at least several years extra in a Federal Institution. A higher percentage of the population is involved in the criminal justice system in the United States than in any other developed country.
Many inmates have serious mental illnesses. Starting in the late s and s, new psychotropic drugs and the community health movement dramatically reduced the number of people in state .
The majority of offenders involved with the criminal justice system are not in prison but are under community supervision. For those with known drug problems, drug addiction treatment may be recommended or mandated as a condition of probation.