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Crime and punishment : a rethink

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Arandjelovic_2023_Philosophies_Crime_punishment_CC.pdf (317.4Kb)
Date
26/05/2023
Author
Arandjelović, Ognjen
Keywords
Incarceration
Imprisonment
Jail
Prison
Offender
Retribution
HV Social pathology. Social and public welfare
T-DAS
SDG 16 - Peace, Justice and Strong Institutions
MCC
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Abstract
Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds.
Citation
Arandjelović , O 2023 , ' Crime and punishment : a rethink ' , Philosophies , vol. 8 , no. 3 , 47 . https://doi.org/10.3390/philosophies8030047
Publication
Philosophies
Status
Peer reviewed
DOI
https://doi.org/10.3390/philosophies8030047
ISSN
2409-9287
Type
Journal article
Rights
Copyright: © 2023 by the author. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/ 4.0/).
Collections
  • University of St Andrews Research
URI
http://hdl.handle.net/10023/27681

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