This article discusses the theories of punishment by Menninger and Lewis, their perspectives on crime and punishment, and the debate between rehabilitation and traditional punishment. It explores the concept of liberalism and determinism in relation to punishment.
Contribute Materials
Your contribution can guide someone’s learning journey. Share your
documents today.
1Student’s name Name of the student Name of the professor: Subject: Date: THEORIES OF PUNISHMENT Several theorists have debated the concept of punishment for years and developed theories in order to reach the purpose of punishment. There is a significant part that is played by punishment in society1. The major purpose of the existence of punishment is to reduce and control crime in society. Punishment typically assists in restricting people from getting the violence to the point it can cause social violence or violation of any social rules2. The way the study of crime involves the study of punishment, in a similar way the study of punishment involves a good understanding of the study of crime as well. In recent days, it has become increasingly central to understanding the way society function along with the other contemporary changes. Society is a complex concept that requires perspective from several aspects, therefore there is significance in understanding the way criminals should be punished or treated. The paper aims to discuss the theories of punishment, specifically Menninger and Lewis along with opinions towards the ways criminals should be treated or punished. The discussion will involve the concept of liberalism and determinism. 1Biddle, Bruce J.Role theory: Expectations, identities, and behaviors. Academic Press, 2013. 2Cohen, Lawrence E., and Marcus Felson. "Social Change and Crime Rate Trends: A Routine Activity Approach (1979)."Classics in Environmental Criminology. CRC Press, 2016. 203-232.
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
2Student’s name Menninger Karl Augustus Menninger was a psychiatrist who was highly visible and vocal in America. He can be considered as a radical critic and someone who is a functionalist. A functionalist believes there is a strong purpose for an institution to exist in society3. Therefore according to Menninger, punishment is something that holds its origin in the primitive urge for revenge. He believed the crime was preventable through treatment such as counselling. Punishment for Menninger was a brutal and inefficient relic of the past. Menninger is well known for his belief in the humanitarian theory of punishment. According to humanitarian theory, the desire to commit a crime is in reality created by a kind of illness within the criminal. He thinks the traditional treatment of punishing a person that performs a crime will not be able to change anything or bring any effect of the phenomenon. The legal punishment is a contemporary institutional cloak specifically for an instinct that Menninger thinks people ought to be silenced4. The reason people tend to commit any form of crime is there is an associated illness with mental health. The concept of punishment was cruel for him as well as useless. He argues regarding crime saying it could be cured by appropriate measures. When the doctor was asked to describe the people committing crimes, he even stated the people as ‘melodramatic’ and ‘childish’. The treatment that was proposed by Menninger for criminals involves a completely rehabilitative approach in order to punishment5. The approach is developed for the purpose of showing criminals the ways they should and need to act legally. Considering the ethics, Karl Menninger presented the idea of punishment is very appreciating as well as appealing. However, there are certainly some sceptical views that are no obvious. There are some reasons that may argue that 3Devonis, David C., and Jessica Triggs. "Prison break: Karl Menninger’s The Crime of Punishment and its reception in US psychology."History of psychology20.1 (2017): 92. 4Stohr, Mary K., and Anthony Walsh.Corrections: the essentials. Sage Publications, 2017. 5Greenberg, Gary.The book of woe: The DSM and the unmaking of psychiatry. Penguin, 2013.
3Student’s name the theory may not work. The process of rehabilitation as punishment was highly appealing with some uncertainty which makes the theory doubtful. The immediate concern with the theory of punishment presented by Menninger lies its origin in cost and effectiveness. The cost involves keeping a person in jail and keeping a person in rehab differs widely. When the cost is noted keeping a prisoner behind the bars, it is adequate. However, the cost of keeping a person in rehabilitation is unattractive. Especially the cost seems unattractive due to the additional treatment cost involved in the process. It is only beyond the costs, the effectiveness of Menninger’s treatment comes in the light of question6. The question is also important since it helps in understanding the value of the treatment. In any case, if the treatment were utterly certain, the cost would only be a secondary thought. The application of Menninger’s theory will vary from person to person. The system proposed by Menninger is ripe for abuse. It can be misused by the criminals in order to get out of the prison without adequate consequences. However, when the concerns of the theories are considered can be dealt with accordingly only it is an effective treatment. The cost involves in the treatment can be endured for the positive result derived from the treatment will be a long term benefit. Lewis: Clive Staples Lewis was a theologian as well as a writer from Britain. The perspective of Lewis regarding punishment has been one of the most discussed topics when punishment is discussed7. Lewis has disagreed with Menninger’s theory of punishment. He did not believe that Menninger’s punishment theory will work on the grounds of the entire process. According to him, the theory of Menninger only proposed to shift the decision making from the hands of the court to medical professionals. Instead of the sentence of criminal that is commonly decided by 6Lieberman, Jeffrey A.Shrinks: the untold story of psychiatry. Hachette UK, 2015. 7Cartledge, Mark J. "CS Lewis as a Public Theologian."Pneuma38.4 (2016): 436-455.
4Student’s name the court, the decision will be made by the medical professional. There is already adequate power that medical professional possesses in society, and this specific incident will put too much power on the people who diagnose each criminal. There is a possibility of heading towards abuse of power or unjust sentence length. The sentence that would be decided by the medical professional can lead to inhumane or less humane due to repetitive medical treatments. This could range from modest to severe depending on the duration of the stays in the rehabilitation centers. Although Menninger’s theory of punishment is much more comfortable as well as forgiving, the fact cannot be denied that the humanitarian's style of punishment deprives people of their rights of a human being. The theory presented Lewis is certainly right however it cannot be called entirely correct. The issues that can be identified in Lewis’s perspective about punishment is the fact there is a high number of re-entry of criminals8. The re-entry of criminals is only increasing in a number of criminals in the prison. Therefore when the funding is considered the cost of prison and the cost of rehabilitation makes very little difference. The staggering statistics while looking at the funding cost, Menninger’s theory is more appealing. Therefore, the theory presented by Lewis also a matter of uncertainty. The appropriate way criminals need to be punished: The optimal punishment that can be suitable and helpful will involve portions of both theories. Although a criminal is not coerced into criminal activity due to mental illness, there is nothing that can be considered the reason for being a criminal. Menninger have the appropriate idea that involves treating the criminal mentally however the traditional theory of punishment 8Rapping, Jonathan A. "Retuning Gideon's Trumpet: Telling the Story in the Context of Today's Criminal-Justice Crisis." (2013): 1225.
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
5Student’s name involves an increasing rate of re-entry9. In any case, there is a majority of re-entry, it could be prevented with little humanitarian actions. In the long run, the cost, that is the major cause of considering any of the theory, will eventually become convenient. Therefore, although the solution is not found yet, there can be a mixed method of punishing criminals. According to liberalism, the power is in the people’s hand. Therefore, in any case, there is a need for majority voting, this can be an appropriate method10. Through providing the two options one can make decisions as the power is in people’s hand. The other way of punishment can be followed by following the determinism where the cause would play an important role. The entire case will require attention and decision punishment, rehabilitation or jail can be decided on the basis of the case. Conclusion: There is a significant part that is played by punishment in society. As discussed above, the decision made the court for the criminals are backed up by several theories. The theory of punishment helps in getting the view of the appropriate way of punishing a criminal. A person committing a crime is not mentally healthy as stated by Menninger. Therefore, there is a need for the psychological treatment for the people who are involved in crimes. However according to Lewis, the perception is different. According to Lewis, the people committing crime will only make use of the treatment and come out sooner from the treatment center. There is a possibility of heading towards abuse of power or unjust sentence length. The major factor of concern is the cost that is endured in order to keep a prisoner in jail and rehabilitation. Therefore, in the end it can be concluded that considering the doctrine of liberalism, the decision can be on people’s 9Medina, M. Isabel. "Derivative Citizenship: What's Marriage, Citizenship, Sex, Sexual Orientation, Race, and Class Got to Do with It."Geo. Immigr. LJ28 (2013): 391. 10Simkins, Sandra, and Laura Cohen. "The Critical Role of Post-Disposition Representation in Addressing the Needs of Incarcerated Youth."J. Marshall LJ8 (2014): 311.
6Student’s name hand. According to the doctrine of determinism, the accurate punishment can also be on the basis of the cause. The reason for being the criminal.
7Student’s name References: Biddle, Bruce J.Role theory: Expectations, identities, and behaviors. Academic Press, 2013. Cartledge, Mark J. "CS Lewis as a Public Theologian."Pneuma38.4 (2016): 436-455. Cohen, Lawrence E., and Marcus Felson. "Social Change and Crime Rate Trends: A Routine Activity Approach (1979)."Classics in Environmental Criminology. CRC Press, 2016. 203-232. Devonis, David C., and Jessica Triggs. "Prison break: Karl Menninger’s The Crime of Punishment and its reception in US psychology."History of psychology20.1 (2017): 92. Greenberg, Gary.The book of woe: The DSM and the unmaking of psychiatry. Penguin, 2013. Lieberman, Jeffrey A.Shrinks: the untold story of psychiatry. Hachette UK, 2015. Medina, M. Isabel. "Derivative Citizenship: What's Marriage, Citizenship, Sex, Sexual Orientation, Race, and Class Got to Do with It."Geo. Immigr. LJ28 (2013): 391. Rapping, Jonathan A. "Retuning Gideon's Trumpet: Telling the Story in the Context of Today's Criminal-Justice Crisis." (2013): 1225. Simkins, Sandra, and Laura Cohen. "The Critical Role of Post-Disposition Representation in Addressing the Needs of Incarcerated Youth."J. Marshall LJ8 (2014): 311. Stohr, Mary K., and Anthony Walsh.Corrections: the essentials. Sage Publications, 2017.