Ethical Dilemmas In The Criminal Justice System

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Criminal justice system: The criminal justice system serves four primary purposes: to deter future crime, to prevent the further commission of crimes by incapacitating the criminal, to punish the perpetrators and obtain retribution, and to rehabilitate criminals so they do not revert to a life of crime. Deterrence is achieved by creating punishments that will, in and of themselves, prevent individuals from attempting criminal activity. The theory behind deterrence is that an individual contemplating a criminal act will consider the punishment that awaits him if caught and it will deter him from engaging in said act. The criminal justice system incapacitates criminals by actually removing them from society through sentences of incarceration, thus physically preventing them from committing any further criminal acts outside the walls of prison. Retribution is primarily the application of…show more content…
Institutionalizing the notion of revenge and to have it be a goal that society pursues through the criminal justice system offends the ideals of many. This ethical dilemma is most apparent in the death penalty debate. Arguably, there is no real reason for inflicting the death penalty other than society's need for retribution, as incarcerating that same individual for a life sentence without the possibility of parole will effectively incapacitate them and protect society from his criminal behavior. But the desire for retaliation dates back to ancient times, where the Hammurabi Code essentially necessitated "an eye for an eye, a tooth for a tooth," which is reflected by the punitive goals of our modern criminal justice system. The ethical debate between those who view retribution as a natural goal of justice and those who feel that state-sanctioned revenge has no place in modern society will continue, particularly as it relates to the death penalty
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