Rachels, Ch 10
Utilitarianism and Kantianism ("Retributivism") on Punishment
a. Why ought we to punish people?
b. What are the reasons/justifications for punishment?
2. Utilitarianism on punishment in-itself
a. In-itself (apart from consequences), punishment is an evil (intrinsically evil)
b. Although its consequences can be good
c. Why do utilitarians think punishment-considered in itself-apart from further consequences is an evil?
i. Because it causes unhappiness/suffering
3. Retributivism sees punishment in-itself as good
a. It is intrinsically good
b. Good even if nothing else good comes from it
c. Kant's idea to execute the last murderer in jail even if the world was going to end.
d. Why is punishment intrinsically good (for retributivism)?
i. Treats people as they deserve to be treated
ii. Justice requires it
iii. "An eye for an eye" is an example of this attitude
iv. Treats people with respect as autonomous agents, whose choices determine how others treat them
4. Utilitarianism rejects retributivism
a. Retributivism increases, not decreases amount of suffering in the world
b. It advocates an increase rather than a decrease in suffering without any compensating gains
c. Moves the world away from maximum happiness not toward it
5. Utilitarian justification for "punishment"
a. Justified only if the good results outweigh the evil involved
b. Does it have good results? (Does it stop more suffering than it inflicts)
c. Possible good results
i. Comfort and gratification to victims and their families
ii. Prevents crime
(1) Deterrence: Is a particular punishment a deterrent?
(a) E.g., does the death penalty scare away potential murders?
(2) Does punishment successfully isolate criminals so they can not cause more suffering.
iii. Rehabilitate wrongdoer: Make him/her a productive happy member of society
(1) In his respect, utilitarian abandons "punishment" in favor of treatment
(2) "Correctional facilities" (not punishment facilities)
d. These two utilitarian goals of punishment (deterrence and correction) are in some tension
i. Can you explain why?
6. Retributivism's objections to utilitarian view of punishment
a. Fails to respect persons and undermines human dignity
b. Using people as a means to an end (prevent crime)
c. Rehabilitation manipulates these people's personalities and molds them into what society wants them to be
d. This violates rights of autonomous persons
7. Two principles of retributive punishment
a. One: People should be punished because and only because they have committed a crime
b. Two: Punishment should be proportional (not = identical) to the gravity of the offense
i. Scales of justice need to be brought back into balance
ii. Kant's view of capital punishment
8. Utilitarianism violates (rejects) both of these principles of retributive justice
a. One: No limit of punishment to the guilty
i. Punishment can deter even if the person punished did not commit the crime
(1) Consider drunk driving checks, or
(2) Police randomly stopping people in a crime ridden neighborhood
b. Two: Nothing limits punishment to the amount deserved (could be more or less harsh, depending on what brings the best results)
i. Ten years in jail for possession of marijuana may effectively deter
ii. A nice "correctional facility" may be best at rehabilitation
9. Retributivism's arguments for punishment
a. Punishment treats people as ends in themselves
b. Shows respect for people by treating them as they deserve to be treated
c. Respect them as rational and free beings; respect their choices; hold them responsible for their choices (they are not children or mentally unfit)-praise and blame them, reward and punish them.
d. By allowing people's conduct to determine how we respond to them, we respect their free choices and give them control over their lives
i. If they want to be treated well, then they should treat others well
ii. If they treat others poorly, then this is how we shall treat them
e. 1stt version of the categorical imperative: Universalize our acts
i. Do back to the person what she has done to others
ii. Treat him as he has decided people ought to be treated
iii. We comply with the criminal's own choices and wishes when we punish him for his evil deeds
(1) We respect his judgment
(2) He brought the evil deed onto himself