If so, what evidence do you have that people like that are
deterred by punishments of that kind?
Not exact matches
Most of today's espousers of the liberal peace justify
punishment, however, not
by Kant's retributivism but through the later thought of utilitarians like Jeremy Bentham, who held that the purpose of
punishment is to
deter others from committing crimes and to rehabilitate the offender.
If a person needs the fear of eternal
punishment by a make believe god to
deter them from killing, stealing or any other sort of malevolence, they are not decent human beings to begin with.
According to him, most of them were fined
by the courts, a
punishment he said was not «heavy» enough to
deter other illegal miners from engaging in the act.
What we are concerned with is the possibility that a culpable defendant may be unjustly punished; evidence of culpability warranting some
punishment is not a substitute for evidence providing at least a rational basis for the particular deprivation of property imposed
by the State to
deter future wrongdoing.
Punitive damages refers to damages awarded for the purpose of
punishment — to
deter intentional or reckless behavior or actions motivated
by malice.
What I propose instead is the use of deferred capital
punishment to
deter future terrorist acts
by members of the convicted terrorist's criminal organization.
While I take David's point that the efficacy of general deterrence is always debatable, if we want to take a stand against a deterrence rationale for
punishment, let us make it on a case where a man or woman is serving a prolonged jail sentence solely in the name of
deterring others, not where a company has simply been driven into bankruptcy
by a gross and tragic mistake.
It was certainly relevant to ask whether the evidential test in the code was compatible with the obligation under Art 2 to «put in place effective criminal law provisions to
deter the commission of offences against the person, backed up
by law enforcement machinery for the prevention, suppression and
punishment of breaches of such provisions» (the formulation in Osman v United Kingdom (2000) 29 EHRR 245).