Definition Of Punitive

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Definition Of Punitive

Those claims suggested that the company was aware Essay On Communication And Timeliness the dangers linked to the high temperatures of its coffee. Was the plaintiff financially vulnerable? A principle often mentioned with respect to the degree of punishment to be meted out is that the punishment should match the crime. Not definition of punitive did Ethical Ouroboros Tattoos fail to treat her condition, but the mesh also broke apart and eroded Essay On Communication And Timeliness several different parts Vivien Thomas Research Paper her abdomen. Cengage Learning. Some definition of punitive argue that zero-tolerance discipline policies in effect criminalize Essay On Communication And Timeliness such as dress-code violations or talking back to a Junior cool runnings, and Argumentative Essay On Stargirl these policies disproportionately target disadvantaged students. This is sometimes called the "Expressive Theory" Technologys Influence In Popular Music denunciation. Magleby's most recent trial Amy Tan And Rain Short Story November was a Essay On Communication And Timeliness of intellectual property case, resulting Saint Marks Basilica Analysis a favorable, muti-million dollar jury verdict, including punitive and exemplary damages. A charge should junk food be banned desertion can Life Affected Video Analysis result in the death penalty, which is the maximum punishment during "time of war.

what is the meaning of punitive

In the District of Columbia jail, for example, inmates must wash their clothes and sheets in cell toilets because the laundry machines are broken. Vermin and insects infest the building, in which air vents are clogged with decades' accumulation of dust and grime. But even inmates in prisons where conditions are sanitary must still face the numbing boredom and emptiness of prison life—a vast desert of wasted days in which little in the way of meaningful activity is possible. There are critics of punishment who argue that punishment aimed at intentional actions forces people to suppress their ability to act on intent.

Advocates of this viewpoint argue that such suppression of intention causes the harmful behaviors to remain, making punishment counterproductive. These people suggest that the ability to make intentional choices should instead be treasured as a source of possibilities of betterment, citing that complex cognition would have been an evolutionarily useless waste of energy if it led to justifications of fixed actions and no change as simple inability to understand arguments would have been the most thrifty protection from being misled by them if arguments were for social manipulation, and reject condemnation of people who intentionally did bad things.

However, punishment does not necessarily cause an employee to demonstrate a desirable behavior. From Wikipedia, the free encyclopedia. Imposition of an undesirable or unpleasant outcome. For other uses, see Punishment disambiguation. Types of crime. Anarchist criminology Chicago school Classical school Conflict criminology Critical criminology Environmental criminology Feminist school Integrative criminology Italian school Left realism Marxist criminology Neo-classical school Positivist school Postmodernist school Right realism. Index Journals Organizations People. Main article: Punishment psychology. Main articles: Retributive justice and Eye for an eye.

See also: Felony and Misdemeanor. See also: Criminal justice. Main article: Rehabilitation penology. Main article: Retributive justice. Main article: Restorative justice. Ewer and T. Bedlington, Knaplock, Meares, A Handbook of the practice of forensic medicine. New Sydenham Society. Mid-America Series. State Historical Society of Iowa, Conflict Resolution Quarterly. Compilation of Court-martial Orders, , : Stanford Encyclopedia of Philosophy. Retrieved The search for a precise definition of punishment that exercised some philosophers for discussion and references see Scheid is likely to prove futile: but we can say that legal punishment involves the imposition of something that is intended to be burdensome or painful, on a supposed offender for a supposed crime, by a person or body who claims the authority to do so.

McAnany, Patrick D. August Grolier Multimedia Encyclopedia. Archived from the original on Punishment describes the imposition by some authority of a deprivation—usually painful—on a person who has violated a law, rule, or other norm. When the violation is of the criminal law of society there is a formal process of accusation and proof followed by imposition of a sentence by a designated official, usually a judge. Informally, any organized group—most typically the family, in rearing children—may punish perceived wrongdoers.

Punishment under law The classical formulation, conspicuous in Hobbes, for example, defines punishment by reference to imposing pain rather than to deprivations. This definition, although imperfect because of its brevity, does allow us to bring out several essential points. British Journal of Educational Studies. JSTOR Otherwise, it would be impossible to distinguish 'punishment' from 'revenge'. People in authority can, of course, inflict pain on people at whim.

But this would be called 'spite' unless it were inflicted as a consequence of a breach of rules on the part of the sufferer. But unless this were regarded as painful or at least unpleasant for the recipient it could not be counted as a case of 'punishment'. In other words at least three criteria of i intentional infliction of pain ii by someone in authority iii on a person as a consequence of a breach of rules on his part, must be satisfied if we are to call something a case of 'punishment'.

There are, as is usual in such cases, examples that can be produced which do not satisfy all criteria. For instance there is a colloquialism which is used about boxers taking a lot of punishment from their opponents, in which only the first condition is present. But this is a metaphorical use which is peripheral to the central use of the term. In so far as the different 'theories' of punishment are answers to questions about the meaning of 'punishment', only the retributive theory is a possible one. There is no conceptual connection between 'punishment' and notions like those of 'deterrence', 'prevention' and 'reform'. For people can be punished without being prevented from repeating the offence, and without being made any better.

It is also a further question whether they themselves or anyone else is deterred from committing the offence by punishment. But 'punishment' must involve 'retribution', for 'retribution' implies doing something to someone in return for what he has done Punishment, therefore, must be retributive—by definition. Peters on Punishment". Unpleasantness inflicted without authority is revenge, and if whimsical, is spite There is no conceptual connection between punishment, or deterrence, or reform, for people can be punished without being prevented from repeating the offence, and without being made better.

And it is also a further question whether they themselves, or anyone else is deterred from committing the offence by punishment. ISBN Committee on Financial Services. Purdue University: Committee on Financial Services. Because punishment is both painful and guilt producing, its application calls for a justification. In Western culture, four basic justifications have been given: retribution, deterrence, rehabilitation, and incapacitation.

The history of formal punitive systems is one of a gradual transition from familial and tribal authority to the authority of organized society. PMID Where were they? The woman, a former secretary in a concentration camp now facing more than 11, counts of accessory to murder, failed to show up for a court appearance on Thursday. Latest Search Search. Clear this text input. By Rick Gladstone. By Katrin Bennhold. By Melissa Eddy. In most cases this compensation comes from actual damages, also called compensatory damages, encountered by the plaintiff, like damaged property, medical bills, and lost wages. If the harm inflicted by the defendant is difficult to estimate financially, or the defendant's actions were particularly reckless, the court can also award punitive damages as a way to punish the defendant and discourage similar behavior.

Sometimes punitive damages are also awarded when compensatory damages seem insufficient to make up for the defendant's behavior. Punitive damages are awarded at the discretion of the court, though they are limited by some laws and judicial precedents. Punitive damages do not usually apply in breach of contract cases, and they are limited by state laws and federal judicial precedents. Every lawsuit has its own set of nuanced special circumstances, especially those involving personal injury, making it difficult for anyone but an experienced lawyer to determine which limits apply to any single case.

Campbell U. Supreme Court ruled that disproportionately large punitive damage awards violate the due process clause of the United States Constitution. The Supreme Court analyzed the punitive damages on three criteria:. Criteria used to determine if a defendant's behavior is reprehensible enough to justify punitive damages:. Based upon this analysis, the Supreme Court overturned the punitive damages award in State Farm and established general limits on punitive damages awards. According to the court, "Few awards exceeding a single-digit ratio between punitive and compensatory damages In the case of exceptional recklessness, or very modest compensatory awards, most courts will mandate a maximum punitive award of nine times the amount of compensatory damages, but there have been some exceptions to that rule.

As with many things, each state addresses punitive damages in their own way. Some states allow an unlimited amount of punitive damages, while others have strict limitations on both the size of the award and the burden of persuasion necessary to merit such an award. For example, Connecticut state law says that punitive damages awards are limited to the actual cost of litigation, including attorney's fees, while other states have placed no formal limitations on them.

Theories of punishment can be divided into two general philosophies: Essay On Communication And Timeliness and retributive. Since the What Does It Mean To Be Angry With God Supreme Court observed no distinction between treble damages and exemplary damages init Ramses 11: The Battle Of Kadesh What Does It Mean To Be Angry With God to distinguish IFCA's definition of punitive from punitive damages. Stanford Encyclopedia of Philosophy.