What are the major differences among retribution, deterrence, incapacitation, and rehabilitation?

Answer 1

All are offerred as justifications/rationale for punishment.

Retribution simply means that the criminal deserves punishment for having done wrong. It should be proportional to the wrongdoing with no other intent to it.

Deterrence is of two types -- general and specific. The idea is that by punishing the wrongdoer, someone will be deterred (stopped) from doing the same wrong thing in the future. In general deterrence, that "someone" is someone other than the offender; in specific deterrence, that someone IS the offender. The idea there is that after the punishment is administered, the offender will not re-offend due to having received the original punishment.

Incapacitation is a special form of specific deterrence, although aimed at a different time period. The sole purpose of incapacitation is to keep the offender from committing another crime WHILE IN PRISON. It is not aimed at curbing future behavior.

Rehabilitation goals are aimed at correcting the wrong doing behavior and providing the wrong doer with skills/attitudes, etc. that will enable him to avoid wrong doing in the future.

Answer 2

In a nutshell:
Retributivism: "Retributivism is the view that punishment is justified by the moral culpability of those who receive it. A retributivist punishes because, and only because, the offender deserves it." Michael S. Moore, The Moral Worth of Retribution.
This means the actor's mental state is the most important part. A retributivist would want to punish someone who purposefully committed a crime. Similarly, a retributivist might want to punish a person who THOUGHT they were committing a crime, but in fact were not due to a mistaken understanding of the law or a pertinent fact. For example, a retributivist would not want to punish someone who violated a statutory rape law because the girl lied about her age, but would want to punish a person who thought they were sleeping with an underage person, even though the person was actually of legal age.
Deterrence: There are two types of deterrence: general (the law should deter the general public from committing crimes) and specific (when a criminal is sentenced, the sentence should deter that person from ever committing the crime again once s/he is free).
Incapacitation: The criminal is a threat to society, and should therefore be placed in prison and thereby remove the threat from society. This seems best for criminals who are unable to be rehabilitated and are not sufficiently deterred by possible punishment to stop committing crimes.
Rehabilitation: just what it sounds like. Convince the criminal that breaking the law is bad and s/he should try to be good. Give the criminal tools so that, once out of detention, s/he will be able to lead a fulfilling life outside the criminal sphere.
Obviously, this is just the basics.

Answer 3

Rehabilitation Vs Retribution

Answer 4

Retribution is premeditated punishment for an action. If someone attacks someone you care about, and you see them the next day and attack them back, that's retribution.

Deterrence is presenting consequences to an action that will make people reconsider. You see an old lady walking down the street with her purse. You could steal it, but you'd likely be caught , face charges, go to jail. You decide not to. You've been deterred.

Incapacitation essentially means renedering someone unconcious or powerless. You're crossing a street and you walk in front of a car. You're knocked silly from the impact. You can't move walk or talk for about twenty minutes. You've been incapacitated.

Rehabilitation is essentially training and education for a person to help them from recommiting acts that are unacceptable to society at large. For example, someone decides they like walking around naked on city streets. They are arrested, sent to trial and found guilty. The judge scentences them to therapy where the councilor works with the offender to ensure the undesired behaviours do not occur. They don't, and the person has been rehabilitated.

Answer 5

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I think the primary goal should be incapacitation. Basically, no one really winds up in prison on a first offense, unless it's a particularly big one. Most prisoners have many less severe priors on their record. They've demonstrated the willingness to victimize innocent folks again and again. For that, they need to be removed from society for the society's good. Rehabilitation should be a secondary goal. It should be the goal to give the prisoner the skills necessary to make his way on the outside without resorting to crime again. This is more than just job skills I'm talking about here. There should be skills taught on resolving conflict situations, ordinary life skills, money management, etc. Lastly, I'm a big believer in 3 strikes and you are out laws. If you rack up 3 different felony convictions, they should lock you up for a long time before you are eligible to be released. Clearly that person has demonstrated they are a menace to society and have no problem victimizing others again and again.

Answer 6

Specific Deterrence Definition

Answer 7

I think RETRIBUTION is payback by an offender to the victim. DETERRANCE is making the punishment, if you will, for an action, or the "what if" for commiting an act, such that no one whats to commit said act. INCAPACITATION: Is the rendering a person such that they are unable to commit an act. And REHABILITATION: Like retribution, is a person being made aware of their offence, but LEARNING and understanding that their act is not sociatly acceptable and WHY.

Answer 8

These are the standard four theories of penal law. Are you a law student? :-)

Retribution - "You did something bad so we're going to punish you for what you did."

Deterrence - "If you do something bad we'll punish you, so don't do it"

Incapacitation - "You did something bad, so we'll throw you in jail so you can't do it again."

Rehabilitation - "You did something bad so we're going to be nice to you so you won't want to be bad again"

Richard

Answer 9

retribution is if you do that we do this deterrenece an attemp to prevent certain behaviors by threat of retribution incapacitation is taking the ability to do something away rehabilitation is an attemt to modify behavior

Answer 10

The primary goal of sentencing should be looked at on a case by case basis but all the goals you mentioned are legitimate goals.