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NCJ Number: 50324 Find in a Library
Title: UTILITARIAN DOES SOMETHING USEFUL (FROM AUSTRALIAN JUSTICE SYSTEM, 2D ED., 1977, BY DUNCAN CHAPPELL AND PAUL WILSON - SEE NCJ-50316)
Author(s): S W JOHNSTON
Corporate Author: Butterworth
Canada
Date Published: 1977
Page Count: 14
Sponsoring Agency: Butterworth
Scarborough, Ontario M1P 451, Canada
Format: Document
Language: English
Country: Australia
Annotation: THE RETRIBUTIVE AND UTILITARIAN PHILOSOPHIES OF SENTENCING ARE DEFINED, COMPARED, AND APPRAISED.
Abstract: THE RETRIBUTIVE SCHOOL ARGUES THAT THE PURPOSES OF SENTENCING ARE TO INFLICT PAIN ON THE OFFENDER FOR THE DAMAGE AND PAIN CAUSED TO THE VICTIMS OF HIS ACT AND TO PROVIDE A DETERRENT WARNING TO OTHERS OF THE CONSEQUENCES OF LAWBREAKING BEHAVIOR. THE AUTHOR STATES THAT, WHILE RETRIBUTION AND GENERAL DETERRENCE ARE ELEMENTS OF SENTENCING, NEITHER SHOULD CHARACTERIZE THE TERMS OR AIM OF ANY SENTENCE OF DETENTION OR ADMINISTRATIVE SUPERVISION. IT IS HELD THAT SENTENCING SHOULD BE BENEFICIAL AND LESS TRAUMATIC TO THE OFFENDER, SO THAT IT COULD BE CLASSIFIED WITH OTHER TASKS OF POLITICAL INTERVENTION IN AREAS OF SOCIAL CONFLICT, SUCH AS INDUSTRIAL CONCILIATION AND INTERNATIONAL DIPLOMACY. THIS VIEW IS BASED ON THE UTILITARIAN PHILOSOPHICAL POSITION THAT THE RATIONAL AIM OF ALL SOCIAL CONTROL IS TO SERVE ALL CITIZENS SO THAT EACH OBTAINS A REASONABLE DEGREE OF SATISFACTION FROM PARTICIPATION IN A RATIONAL DESIGNED SOCIOECONOMIC ORDER. THE GOALS OF THE CRIMINAL JUSTICE SYSTEM IN THIS VIEWPOINT ARE CONSIDERED TO BE THOSE OF PROVIDING RESTITUTION TO VICTIMS OF A CRIME, WHILE AIDING THE OFFENDER TO LEARN HOW TO DRAW SATISFACTION FROM THE RESOURCES OF SOCIETY THROUGH THE USE OF NORMATIVE BEHAVIOR PATTERNS. MANAGEMENT BY OBJECTIVES IS RECOMMENDED FOR THE CRIMINAL JUSTICE SYSTEM, SUCH THAT THE LEGISLATURE, COURTS, AND CORRECTIONS ARE INTEGRATED TO ACCOMPLISH CLEARLY DEFINED, RATIONAL, UTILITARIAN GOALS. (RCB)
Index Term(s): Australia; Critiques; Objectives; Sentencing/Sanctions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50324

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