First,my understanding on
- Restitution - Restoration may well not be enough for the betrayed person and they may seek revenge of some sort, whereby they can feel the satisfaction of seeing the other person suffer in the way that they have suffered.
Revenge can be many times more severe than reparation as the hurt party seeks to make the other person suffer in return. - Rehabilitation - The first thing that the betrayed person may seek from the betrayer is some form of restitution, putting things back as they should be.
The simplest form of restitution is a straightforward apology. Restoration or rehabilitation means putting things back as they were, so it may include some act of contrition to demonstrate one is truly sorry. This may include action and even extra payment to the offended party.
Restorative justice is also known as corrective justice - Incapacitation - Incapacitation aims simply to keep criminals away from society, so that society is protected from their criminal conduct. This is normally achieved through long prison sentences.
- Deterrence - Those who support the deterrence theory believe that if punishment is imposed upon a person who has committed a crime, the pain inflicted will dissuade the offender (and others) from repeating the crime. When the theory refers to the specific offender who committed the crime, it is known as special deterrence. General deterrence describes the effect that punishment has when it serves as a public example or threat that deters people other than the initial offender from committing similar crimes. Deterrence can be divided into two three categories :- Specific deterrence(to discourage the criminal from future criminal acts by instilling an understanding of the consequences), General deterrence (The individual actor is not the focus of the attempt at behavioural change, but rather receives punishment in public view in order to deter other individuals from deviance in the future). , Incapacitation ( criminals are put in jail not so that they will learn the consequence of their actions but rather so that while there they will be unable to engage in crime).
Here are a couple principles and facts for you to consider:
It is better for a hundred guilty men to go free, than one innocent man to go to prison.
All criminal offenses have a statute of limitations except homicide.
Burden of proof—in every criminal case the burden of proof is on the state and the state (meaning, the "prosecutor") must prove every element beyond a reasonable doubt.
4 Reasons for criminal punishment (prison):
1-deterrence (to stop)
2-incapacitation (to isolate)
3-retribution (to punish)
4-rehabilitation (to save).
-The various justifications for criminal punishment are not mutually exclusive. A particular punishment may advance several goals at the same time. A term of imprisonment, for example, may serve to incapacitate the offender, deter others in society from committing similar acts, and, at the same time, provide an opportunity for rehabilitative treatment for the offender. On the other hand, the goals of punishment may at times conflict. The retributive and deterrence theories call for the infliction of unpleasant experiences upon the criminal, including harsh prison treatment; but the prison environment may not be conducive to, or may even defeat, rehabilitation.
No one theory of punishment addresses all the goals of criminal law. A combination of theories and goals plays a part in the thinking of the legislators who establish the ranges of punishment for various crimes, the judges and jurors who sentence offenders within these ranges, and the parole authorities who have the power to release certain prisoners.
some of the discussion on the recent deterrent can be refer to this website http://www.deathpenaltyinfo.org/article.php?&did=2374 which i find it very useful, and also this book written by Clive Norman & Clive Norris which act as my resources.
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