The present punishment implications research paper help tries to deal with a topic that we all have dreaded since our childhood “punishment” yes this word have different meaning for different set of people, some people think giving punishments is justified whereas some people think that punishment is wrong. Here in the present punishment implications research paper help we are going to analyse these two views along with our justifications for and against these two views and we would try understanding the idea of “dangerous states” as was argued by Mr. Nils Christie. We will also discuss what punishment is and what the requirement to punish is? Punishment is used as a form of force to scare people and also to stop the people from committing crime but its application and purpose is not that straight and there are many complication in the way the punishment is given in a situation, so here we will try to find answers to these questions with the justifications that we can give for punishment.
Explain Nils Christie’s (2000) idea of ‘dangerous states’ and present an informed argument for the minimum possible use of punitive control by the state. Explain what is punishment and why do we punish.
We will first try to understand what punishment means, we can say that it is not possible to give a concrete definition of punishment as there is a lot of variance in different definitions given about punishment but here we will discuss the few definitions of punishment like one of the definitions says that “a punishment is a sort of noxious stimulus, one which will support, by its termination or omission, the growth of a new escape or so that the responses can be avoided (SOLOMON, Richard L., 1964).” “Punishment is also known as the suffering that is given for the crime which is committed by a person” (KOLBER, Adam j, 2009).
There are many aspects of punishment and it can be justified for some and unjustified for some. Punishment is given for the wrong done but that wrong may have been done by mistake or necessity or in haste or even an innocent person might have been accused but the law does not take into account all this because the law gives judgement on evidence and the evidence may not always tell the truth about the situation and the crime that has been committed. In many countries punishment is a justified form of control over the crime in the country but this aspect is not this simple because even the state and its contract law may be wrong in themselves but the fault of the state is not brought to the notice of the people or the world at large on the name of privacy, sovereignty. The main source of the punishment given to the accused is by the state in many ways like fines, jail term, capital punishment and life imprisonment.
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The need of punishment
The punishment which is given by the state is known as Legal punishment which is actually a way of treating the wrong doer in a way that would not be considered correct to those who have not committed any wrong, but this aspect raises a question of morality where what the state does with the criminal is justified but what the criminal has done is not justified (BOONIN, David, 2008).
The idea of “dangerous states”
Now we will talk about the idea of “dangerous states” as was argued by Mr. Nils Christie (CHRISTIE, Nils, 2000). This is a chapter in the book and in this chapter the author talks not about the dangerous criminals abut about the dangerous states and for this topic he has taken the reference of many states but the most talked and discussed about states are the United States and Russia or the former USSR. We see that the states functions is not just confined to providing welfare schemes and collecting taxes but this also includes maintaining law and order and how is this law and order maintained well by appointing the police so that they can catch the wrong doers or criminals and then later on the judges in the court will assign the punishment according to the offence and the evidence which is provided with it. All this sound to simple and fair but this is not the truth or it is half the truth, because in reality law does not function in this simple way there are way too many complications and every state has a different set of rules to give punishment, in reality it takes years for the judgement to be deliver and then also it cannot be said that it will be always be fair. There prisoners in most of the prisons stay in the most sordid circumstances possible and they have to spent years and this gives them a living hell like situation for example in Russia there is an increased case of Tuberculosis in the prisoners and with the less space and no signs of hygiene and Farmer had said this scenario to be a “Drug Resistant Tuberculosis as Punishment” for the prisoners. The most affected prisoners in this case are the SIZO prisoners who are the prisoner who have been waiting for the trials and they have been provided with the smallest cells and all the diseases gets communicated from one prisoner to another. The prisoners in Russia most of the times spend their whole life in the prisons as now capital punishment is not given in Russia due to the European pressure but this has given rise to another form of punishment where the prisoners are not executed, they just simply die in the most heart wrenching and deteriorating conditions and similar is the case is in the US where the prisoners are sent in the jail and live there till they die. But in the US the capital punishment is still there and thousands have been or will be executed. This essay basically talks about the shortcomings in the penal codes of a state and how they put the life of their citizens in danger. He say that the law is not equal for everyone and in Russia and USA, the weaker sections are targeted more where in Russia the people from former USSR are targeted where as in the US the black people are targeted and they have the highest chances of landing in the jail and staying there, some other forms also like parol and probation are the other form of punishment where half of the black population is under any of these kinds of punishment. The punishment does not affect only the prisoner but also his family and there is a lack of any kind of relationship between the prisoners also. The growth in the prisons is also related to the economics Solution where prison provides employment the whole year and this is the only area which has not got affected by recession.The states become dangerous when they equalise all the crimes as danger and all those who commit it as dangerous.
The ironies in the punishments
Punishment and the law some time create very ironical situations because of their inconsistencies in the way the punishment is given like one punishment is given by Mr. Erwin Chemerinsky where talks about two case in one case the case of Lockyer v. Andrade (2003), in this case the supreme court did not grant the relief of habeas corpus to a person who was sentenced to life impriosnment and who would not get any parol for 50 years and all this for stealing $153 of videotapes, and the court held that there was breach of the federal law whereas in another case of State farm Mut. Auto Ins. co. v Campbell (2003), the jury awarded $290 million in punitive damages against frod because the rollover of its Ford Bronco killed three people and the evidence showed that ford rushed the car with the knowledge of the defects, but sort a certiorari in the United States supreme court where the court held that the large punitive damage was unconstitutional and the punitve damage ws reduced to $23.5 million. So we see that in these two case the law says that too many years imprisonment is not unconstitutional for shop lifiting where as a huge oppuntive damge for manslughter is unconstitutional. So this difference makes the punishment even more complicated and unjustified (CHEMERINSKY, Erwin, 2004).
Minimum possible use of punitive control by the state
There is a need of minimum use of the punitive control by the state where the citizens are given equal rights and opportunities to at least give their justification for the crime committed by them. There is a need to treat the criminals as humans and to understand their mindsets and the situations the crime was committed, instead of just punishing. There is a requirement of less punitive society because the police, the society or even the judge might not always be right and this way of controlling crimes is not exactly reducing the crime rates or the criminal law we talk about the holocaust by Hitler and forget that this is still continuing in the form of prisons and punishment, and capital punishments (NILS, Christie, 2000).
There is a need of finding the main causes of crime and there is a need of analysing how a crime is committed and there is need of regulation, inspection, guardianship and design that would reduce the crime and this way of correct policing is not only the responsibility of the state but also the men of influence, philanthropists, patriots, ale-house keepers, merchants, ship-owners and basically every citizen of the state needs to help the state so that the punitive control of the state can be reduced (COLQUHOUN, P., 1795) so there is a requirement of a social change and the changein the society and the people and the epnal code should be fromulated to reforem the criminal an not to push them back into becoming an dremaning a criminal. (GARLAND, DAVID, 1996)
To conclude we can say that the concept of punishment is not an uncomplicated one and it implies different things to different people in different ways. There are some justifications of punishment as a mean of state control but there is a requirement of the control on this control. We have discussed the different meanings of punishments, the requirements of punishments and also how the state’s punitive ways can be controlled. This Punishment Implications Research paper Help was an attempt to bring out the implications of punishments and the effect it has on the people and why it is being encouraged in the present times. We have tried to explain the concept of dangerous states and why it is considered to be by the author Nils Christie and the suggestions that were given by him.
- BOONIN, David. 2008. The problem of punishment. cambridge: Cambridge University Press.
- CHEMERINSKY, Erwin. 2004. The Constitution and Punishment. Stanford Law Review. 56(1049), pp. 1049-1080.
- CHRISTIE, Nils. 2000. Dangerous Offenders: Punishment and Social Order. Psychology Press.
- COLQUHOUN, P. 1795. Treatise on the Police of the Metropolis explaining the various Crimes and Misdemeanours which are at present felt as a pressure upon the Community, and suggesting Remedies for their prevention. london.
- GARLAND, DAVID. 1996. THE LIMITS OF THE SOVEREIGN STATE. BRITISH JOURNAL OF CRIMINOLOGY. 36(4), pp.445-471.
- KOLBER, Adam j. 2009. The subjective experience of punishment. Columbia Law Review. 109(182), pp.182-236.