HINTON 1

Melissa Hinton
CJUS 2020
Units 13-15 300 Word Essay #1
Dr. Anna Netterville
10/27/2013

Deterrence theory is the view that certain, severe, and swift punishment will discourage others
from similar illegal acts. Unlike with the retribution theory, the deterrence theory argues that the
punishment should fit the criminal, not the crime. The deterrence theory is not only seen in our judicial
system, its also presents itself in times of war, especially in regard to the use of nuclear weapons. This
was evident in the bombing of Hiroshima and Nagasaki in 1945, during World War II. Any combination
of severe threats, whether it be politically during times of war or within our jail system, are likely to keep
a criminal from committing further acts. Deterrence can take form in many ways it could consist of a
sign that says no trespassing, a surveillance system, an arrest, a punishment, etc.
Incapacitation states that a crime can be prevented if criminals are physically restrained. The
goal, unlike with retribution, is to prevent future crimes, not past ones. It also focuses on the type of
person that committed the crime rather than the crime itself. No reformation exists in the incapacitation
of offenders. Without proper rehabilitation, these criminals are more likely to re-offend if released.
Rehabilitation is the notion that punishment is intended to restore offenders to a constructive
role in society; based on the assumption that criminal behavior is a treatable disorder caused by social
or psychological ailments. The success of rehabilitation depends on the challenges that a person has
being met. If a person suffers from social or psychological disorders, proper care and steps would need
to be taken to ensure that they receive the correct treatment so that the crimes or incidences will not
be met again; and if they are the individual will be able to handle the situation rather than resort to
negative or illegal actions. Rehabilitation is widely supported by the public. If these individuals are
reintroduced into society after appropriate rehabilitation they will become productive members of
society instead of repeat offenders.
Retribution is a concept that implies the payment of a debt to society and thus the expiration of
ones offense. The law takes more focus on the crime rather than on the defendant themselves.
Punishment is limited to harm done by the offender. This type of punishment is the basis for the term,
an eye for an eye. People have knowingly done wrong and broke morality, therefore they should be
punished accordingly. Retribution basically means they get what they deservejust deserts; there is no
sympathy from society.

HINTON 2

Bibliography
Fradella, D. W. (2011). Americas Courts and the Criminal Justice System (10th ed.).