Legal Punishments

The two broadest types of rules for punishment are retributive and utilitarian. Retributive rationale aims at punishing the wicked for the abhorrence committed against the victim. This approach seems a little dubious since it calls for an-eye-for-an-eye attitude towards the criminal.Utilitarian perspective calls for solutions that hurt the smallest soma of people or benefit the greatest number. Thus, the punishment according to the utilitarian perspective should be modelled in such a way as to benefit the victim and others mostly and to reduce crime rate at present and in the future. For instance, if the criminal is put in prison, he or she will not be able to commit crimes for the time spend in captivity.Deterrence, incapacitation and rehabilitation are the most popular utilitarian rationales for penalties oblige upon criminals. Deterrence means that punishment is cut bunsd upon the criminal in set out to discourage this person and others seeing this example from perpetrati ng crimes in the future. Incapacitation means depriving criminal of the ability to commit offences as through capital punishment or incarceration. refilling aims at reforming the criminal, empowering the person to return to normal social life.2. endure three-strike laws through a retributive rationale and then through a utilitarian rationale.The retributive rationale, in my view, does not work very substantially for three-strike laws that allow life sentences for repeat offenders. If the person committing a repeat crime has already done time for this crime, there is no reason to impose an enhanced punishment for the new offence.Three-strike legislation was caused by the problem of a significant percentage of crimes committed by people who previously demand committed crimes (Harary 2003). The laws aim to incapacitate these criminals by taking them off the passage and to deter other repeat offences through the threat of the life sentence. Rehabilitation is not the reason since cr iminals are not supposed to get back to society.ReferencesHarary, C.J. (2003, April 4). Incarceration as a Modality of Punishment. Jewish Law. Retrieved on October 7, 2005 from http//www.jlaw.com/Articles/ch_incarceration.html.Hoff, S.B. (n.d.). freshen of Pojman, L. & Reiman, S. (1998). The Death Penalty For And Against. Lanham Rowman and Littlefield Publishers, 1998. Law and Politics Book Review, 9(9), 384-386.