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Morality of Punishment Instructor Name June 3, 2013 Introduction It has long been considered the right of a leader to punish or inflict pain of some kind on one in response to criminal acts (Kant, & Gregor,). While there are distinguishing and defining differences in what is thought to be better suited for civil versus criminal court crimes are also separated by the character of the individual.
It is important to note that punishment should not be used as to serve an example but as fitting and appropriate for a criminal action. In any criminal proceeding, there is the burden of proof which most often falls upon the victim. It is known that in many circumstances hatred and thoughts of revenge are acceptable in the most heinous of criminal acts (Murphy). In questions of morality, we must examine the victim’s response to the action; does this response indicate to us some degree of what the victim has suffered in order to determine an appropriate deterring punishment? Victim hatred in most cases would lead the justice system more towards a retributive system and in securing these interests more libertarian beliefs may allow for social contractors to maintain a system of revenge beyond what is allowed. Herbert Morris is grounded in his belief that we have the right to punish as well as the criminal right to be punished (Morris). In claiming the right to be free we are in as much agreeing to the doctrines and laws that must followed in order to allow one to remain free. This paper will review and discuss some of the morality issues, questions, and beliefs concerning punishment from several angles. ...
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