Cmpgroup7readingnotesfeb15

Punishment is an evil resulting to an individual from the direct intention of another, on account of some act that appears to have been done, or omitted.
An evil- a physical evil- a pain, loss of pleasure. Results from the direct intention of another.
If done out of want, sport, ill-will, or antipathy-not a punishment.
When the offence is of positive cast- the result of the punishment is negative.
-Ammendment or reformation-being committed morals will be reformed.
-Disablement-disable them from commiting the crime(s).
-Determent-preventing the action from occuring again by installing fear.
-Self-defense-defending the community from the offender, man of authority giving a punishment to an offender based on all offences of that sort that have been presented to him, protecting one self from an offender.
-Self-perservation-same as self defense.
-Safe Custody-imprisonment
Restraint-being restrained to prevent the crime from being commited again.
When the offence is of negative cast the result of the punishment is positive.
-Compulsion or constraint-similar to restaint just in the negative cast
-Torture-intense pain to the body when not neccessary.
-Compensation or satisfaction
-Taxation-extracting out of the pocket

Particular prevention-applies to the delinquent himself
General prevention-applicable to all members of the community
To be preventative:
1. Take away the physical power to offend
2. Take away the desire to offend-reform the moral thinking
3. Make them afraid to offend
punishment becomes security.

When should punishment not be inflicted:
1. Groundless
2. Inefficacious (failing to produce the desired effect)
3. Unprofitable or too expensive- if the evil of the punishment exceeds the evil of the offence
4. Needless-the end can be accomplished when it can be done at a cheaper rate, by instruction, by terror, by influence

Retaliation-blood for blood, or an eye for an eye, etc…
Pros:
Simple, little time and thought put into enforcing it, if you commit the crime, you know what your punishment will be.
Con's:
Not applicable in all cases, can't be applied to civil suites, public offences, property offences, and it is inflexible.

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