Punishment in United States
Punishment Definition
In criminal law. Some pain or penalty warranted by law, inflicted on a person for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court. Punishments are . either corporal or not corporal. The former are: Death, which is usually denominated “capital punishment;” imprisonment, which is either with or without labor (see “Penitentiary”) ; whipping, in some states ; and banishment. The punishments which are not corporal are: Pines, forfeitures; suspension or deprivation of some political or civil right; deprivation of office, and being rendered incapable to hold office; compulsion to remove nuisances.
Punishment in Foreign Legal Encyclopedias
| Link | Description |
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| Punishment | Punishment in the World Legal Encyclopedia. |
| Punishment | Punishment in the European Legal Encyclopedia. |
| Punishment | Punishment in the Asian Legal Encyclopedia. |
| Punishment | Punishment in the UK Legal Encyclopedia. |
| Punishment | Punishment in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Punishment
Scan Punishment in the appropriate area of law:
| Link | Description |
|---|---|
| Punishment | Punishment in the Family Law Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the IP Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the Commercial Law Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the Criminal Law Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the Antritrust Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the Tax Law Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Punishment | Punishment in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Resource | Description |
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| Punishment in the Dictionaries | Punishment in our legal dictionaries |
| http://lawi.us/punishment | The URI of Punishment (more about URIs) |
| Punishment related entries | Find related entries of Punishment |
Legal Issue for Attorneys
In criminal law. Some pain or penalty warranted by law, inflicted on a person for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court. Punishments are . either corporal or not corporal. The former are: Death, which is usually denominated “capital punishment;” imprisonment, which is either with or without labor (see “Penitentiary”) ; whipping, in some states ; and banishment. The punishments which are not corporal are: Pines, forfeitures; suspension or deprivation of some political or civil right; deprivation of office, and being rendered incapable to hold office; compulsion to remove nuisances.
Notice
This definition of Punishment is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
Crime and Punishment Explained
References
See Also
- Criminal Law
- Criminal Procedure
Resources
See Also
Capital Punishment: Morality, Politics, and Policy; Comparative Criminal Law and Enforcement: Preliterate Societies; Conviction: Civil Disabilities; Corporal Punishment; Criminalization and Decriminalization; Cruel and Unusual Punishment; Deterrence; Incapacitation; Prisons: Prisoners; Prisons: Prisons for Women; Prisons: Problems and Prospects; Probation and Parole: History, Goals, and Decision-Making; Probation and Parole: Procedural Protection; Probation and Parole: Supervision; Rehabilitation; Restorative Justice; Retributivism; Sentencing: Allocation of Authority; Sentencing: Alternatives; Sentencing: Guidelines; Sentencing: Mandatory and Mandatory Minimum Sentences; Sentencing: Presentence Report; Sentencing: Procedural Protection; Shaming Punishments.
Criminal Law; Criminology; Law; Legal systems; Penology; Sanctions; Social Control; and the biographies ofBeccaria; Durkheim; Sutherland]
Natural Law ; Society ; Virtue Ethics .
Utilitarianism.
Criminal Law; Drugs and Narcotics; Racketeering; Salem Witch Trials; Sentencing; Slavery.
Further Reading (Books)
Allen, Francis A. The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose. New Haven, Conn.: Yale University Press, 1981.
Alexander, Lawrence. “The Doomsday Machine: Proportionality, Punishment, and Prevention.” Monist 63 (1980): 199-227.
Andenaes, Johannes. “The General Preventive Effects of Punishment.” University of Pennsylvania Law Review 114 (1966): 949-983.
Bedau, Hugo A. “Concessions to Retribution in Punishment.” In Justice and Punishment. Edited by Jerry B. Cederblom and William L. Blizek. Cambridge, Mass.: Ballinger, 1977. Pages 51-73.
Benn, Stanley I. “Punishment.” In The Encyclopedia of Philosophy, vol. 7. Edited by Paul Edwards. New York: Macmillan and Free Press, 1967. Pages 29-36.
Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. Edited by James H. Burns and H. L. A. Hart. London: Athlone Press, 1970.
Brandt, Richard. “Retributive Justice and Criminal Law.” In Ethics and Public Policy. Edited by
Thomas Beauchamp. Englewood Cliffs, N.J.: Prentice-Hall, 1975. Pages 66-84.
Duff, R. Anthony. “Penal Communications: Recent Work in the Philosophy of Punishment.” Crime and Justice: A Review of Research 20 (1996): 1-97. Chicago: University of Chicago Press, 1996.
Ezorsky, Gertrude, ed. Philosophical Perspectives on Punishment. Albany: State University of New York Press, 1972.
Feinberg, Joel. Doing and Deserving: Essays in the Theory of Responsibility. Princeton, N.J.: Princeton University Press, 1970.
Frase, Richard S. “Sentencing Principles in Theory and Practice.” Crime & Justice: A Review of Research 22 (1997): 363-443.
Goldman, Alan H. “Can a Utilitarian’s Support of Non-utilitarian Rules Vindicate Utilitarianism?” Social Theory and Practice 4 (1977): 333-345.
–. “The Paradox of Punishment.” Philosophy and Public Affairs 9 (1979): 42-58.
Greenawalt, Kent. “Uncontrollable’ Actions and the Eighth Amendment: Implications of Powell v. Texas. ” Columbia Law Review 69 (1969): 929-979.
Gross, Hyman. A Theory of Criminal Justice. New York: Oxford University Press, 1979.
Hall, Jerome. General Principles of Criminal Law. 2d ed. Indianapolis: Bobbs-Merrill, 1960.
Hart, H. L. A. Punishment and Responsibility: Essays in the Philosophy of Law. New York: Oxford University Press, 1968.
Kant, Immanuel. The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right. Translated by W. Hastie. Edinburgh: T. & T. Clark, 1887.
Morris, Herbert. On Guilt and Innocence: Essays in Legal Philosophy and Moral Psychology. Berkeley: University of California Press, 1976.
Morris, Norval. The Future of Imprisonment. Chicago: University of Chicago Press, 1974.
Pincoffs, Edmund L. The Rationale of Legal Punishment. New York: Humanities Press, 1966.
Ross, W. D. “The Ethics of Punishment.” Journal of Philosophical Studies 4 (1929): 205-224.
Tonry, Michael. “Proportionality, Parsimony, and Interchangeability of Punishments.” In Penal Theory and Penal Practice. Edited by Anthony Duff and Sandra Marshall. Manchester, U.K.: Manchester University Press, 1994.
Tyler, Tom. Why People Obey the Law. New Haven: Yale University Press, 1990.
von Hirsch, Andrew. Censure and Sanctions. Oxford, U.K.: Clarendon Press, 1993.
MacCold, Paul E. Restorative Justice: An Annotated Bibliography. Monsey, N.Y.: Criminal Justice Press, 1997.
Walker, Nigel. Why Punish? Oxford: Oxford University Press, 1991.
Wasserstrom, Richard. “Some Problems in the Definition and Justification of Punishment.” In Values and Morals. Edited by Alvin Goldman and Jaegwon Kim. Dordrecht, Holland: Reidel, 1978. Pages 299-315.
Wilson, James Q. Thinking About Crime, Second Edition. New York: Basic Books, 1983.
Wootton, Barbara, with Scol, Vera G., and Chambers, Rosalind. Social Science and Social Pathology. London: Allen & Unwin, 1959.
Zimring, Franklin E., and Hawkins, Gordon. Incapacitation: Penal Confinement and the Restraint of Crime. New York: Oxford University Press, 1995.
Further Reading (Articles)
Beccakia, Cesare Bonesana (1764) 1953 An Essay on Crimes and Punishments. Stanford, Calif.: Academic Reprints. -” First published as Dei delitti e delle pene. A paperback edition was published in 1963 by Bobbs Merrill.
Durkheim, Smile (1893) 1960 The Division of Labor in Society. Glencoe, 111.: Free Press. -* First published as De la division du travail social.
Fauconnet, Paul 1920 La responsabilite: Etude de so-ciologie. Paris: Alcan.
Hall, Jerome (1947)1960 General Principles of Criminal Law. 2d ed. Indianapolis, Ind.: Bobbs-Merrill.
Hardy, M. J. L. 1963 Blood Feuds and the Payment of Blood Money in the Middle East. Beirut: Privately published.
Hentig, Hans Von (1932) 1937 Punishment, Its Origin, Purpose and Psychology. London: Hodge. -“First published as Die Strafe: Ursprung, Zweck, Psychol-ogie.
Hilgard, Ernest R.; and Marquis, Donald G. (1940) 1961 Hilgard and Marquis’ Conditioning and Learning. Revised by Gregory A. Kimble. 2d ed. New York: Appleton. -” First published as Conditioning and Learning.
Hoebel, E. Adamson 1954 The Law of Primitive Man: A Study in Comparative Legal Dynamics. Cambridge, Mass.: Harvard Univ. Press.
Lewin, Kurt (1931)1935 The Psychological Situations of Reward and Punishment. Pages 114-170 in Kurt Lewin, A Dynamic Theory of Personality. New York: McGraw-Hill.
Malinowski, Bronislaw (1926) 1961 Crime and Custom in Savage Society. London: Routledge. -“A paperback edition was published in 1959 by Littlefield.
Oppenheimer, Heinrich 1913 The Rationale of Punishment. Univ. of London Press.
Ranulf, Svend (1938) 1964 Moral Indignation and Middle Class Psychology. New York: Schocken. -* First published in Danish.
Rusche, George; and Kirchheimer, Otto 1939 Punishment and Social Structure. New York: Columbia Univ. Press.
Shaw, George Bernard (1922) 1946 The Crime of Imprisonment. New York: Philosophical Library. -” First published as Imprisonment.
Sutherland, Edwin H.; and Cressey, Donald R. (1924) 1960 Principles of Criminology. 6th ed. New York: Lippincott. -“First published as a textbook under the title Criminology, by Edwin H. Sutherland.
Further Reading (Articles 2)
Beccaria, Cesare. On Crimes and Punishments. 1764. Reprint, translated by Henry Paolucci. Indianapolis: Bobbs-Merrill, 1963.
Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. 1789. Reprint, edited by J. H. Burns and H. L. A. Hart. New York: Oxford University Press, 1996.
Ezorsky, Gertrude, ed. Philosophical Perspectives on Punishment. Albany: State University of New York Press, 1972.
Foucault, Michel. Discipline and Punish: The Birth of the Prison. Translated by Alan Sheridan. New York: Vintage, 1977.
Garland, David. Punishment and Modern Society: A Study in Social Theory. Chicago: University of Chicago Press, 1993.
Hart, H. L. A. Punishment and Responsibility: Essays in the Philosophy of Law. New York: Oxford University Press, 1968.
Hegel, G. W. F. Elements of the Philosophy of Right. 1821. Reprint, edited by Allen W. Wood, translated by H. B. Nisbet. New York: Cambridge University Press, 1991.
Kant, Immanuel. The Metaphysics of Morals. 1797. Reprint, translated by Mary Gregor. New York: Cambridge University Press, 1991.
Mackenzie, Mary Margaret. Plato on Punishment. Berkeley: University of California Press, 1981.
Nietzsche, Friedrich. On the Genealogy of Morals. 1887. Reprint, translated by Walter Kaufmann. New York: Vintage, 1967.
Plato. The Laws. Translated by Trevor J. Saunders. New York: Penguin Books, 1970.
Rushe, Georg, and Otto Kirchheimer. Punishment and Social Structure. 1939. Reprint, New York: Russell and Russell, 1967.
Ten, C. L. Crime, Guilt, and Punishment: A Philosophical Introduction. New York: Oxford University Press, 1987.
Tunick, Mark. Punishment: Theory and Practice. Berkeley: University of California Press, 1992.
Douglas C. Dow
Further Reading (Articles 3)
Punishment as Suffering, Vanderbilt Law Review; November 1, 2010; Gray, David
Punishment and Culture.(Book review), Social Forces; September 1, 2009; Deflem, Mathieu
Buddhism, Punishment, and Reconciliation, Journal of Buddhist Ethics; January 1, 2012; Fink, Charles K.
Punishment Is Necessary to Use as Parenting Tool, Daily Herald (Arlington Heights, IL); October 11, 2009
Punishment, Encyclopedia of Genocide and Crimes Against Humanity; January 1, 2005
Corporal Punishment in the Educational System versus Corporal Punishment by Parents: A Comparative View, Law and Contemporary Problems; March 22, 2010; Shmueli, Benjamin
Physical Punishment
and Maternal Beliefs in Sweden and Canada *, Journal of Comparative Family Studies; September 22, 2003; Durrant, Joan E. Rose-Krasnor, Linda Broberg, Anders G.
Physical Punishment in Childhood Tied to Health Woes as Adults; Study Found Higher Odds for Adult Obesity, Heart Disease, Arthritis, Consumer Health News (English); July 15, 2013; Norton, Amy
Punishment Is Sometimes Necessary to Use as a Parenting Tool, Daily Herald (Arlington Heights, IL); October 12, 2009
Punishment Generalization Gradients with Humans, The Psychological Record; March 22, 1998; O’Donnell, Jennifer Crosbie, John
Why punishment fails; what works better, Veterinary Medicine; August 1, 2011; Tynes, Valarie V
Extralegal Punishment Factors: A Study of Forgiveness, Hardship, Good Deeds, Apology, Remorse, and Other Such Discretionary Factors in Assessing Criminal Punishment, Vanderbilt Law Review; April 1, 2012; Robinson, Paul H. Jackowitz, Sean E. Bartels, Daniel M.
Punishment in Australian Society.(Review) (book reviews), Journal of Australian Studies; March 1, 1999; Damousi, Joy
The Jurisprudence of Punishment, William and Mary Law Review; April 1, 2007; Huigens, Kyron
Punishment Is Necessary Parenting Tool, Daily Herald (Arlington Heights, IL); October 9, 2009;
Understanding Punishment Responses to Drug Offenders: The Role of Social Threat, Individual Harm, Moral Wrongfulness, and Emotional Warmth, Contemporary Drug Problems; April 1, 2011; Durrant, Russil Fisher, Stephanie Thun, Maria
Nonabusive Physical Punishment and Child Behavior among African-American Children: A Systematic Review, Journal of the National Medical Association; September 1, 2004; Horn, Ivor Braden Joseph, Jill G Cheng, Tina L
PUNISHMENT RULE DRAWS TEARS, RAGE, Post-Tribune (IN); April 16, 1993
Punishment in Schools Is Not Prohibited by the Eighth Amendment, The Bill of Rights 1; January 1, 2005
Can Punishment Improve Safety? the Dialogue in Today’s Safety World Is Filled with Praise for Terms like Empowerment, Ownership and Involvement, with Criticism for Terms Such as Blame and Punishment. So Should Safety Focus Solely on Positive Reinforcement and Completely Eliminate Negative Consequences? the Answer Is a Resounding “No,” but with Some Much Needed Guidelines, EHS Today; September 1, 2012; Mathis, Terry L.
Punishment in State Statute Topics
Introduction to Punishment (State statute topic)
The purpose of Punishment is to provide a broad appreciation of the Punishment legal topic. Select from the list of U.S. legal topics for information (other than Punishment).
Crime and Punishment Explained
References
See Also
- Criminal Law
- Criminal Procedure
Resources
Further Reading
- Information about Punishment in the Gale Encyclopedia of American Law.
Punishment Public Opinion in relation to Crime and Race
Punishment Public Opinion is included in the Encyclopedia of Race and Crime (1), beginning with: The relationship between public opinion and punishment in the United States has recently come to the forefront of criminological and criminal justice scholarship. Much of this is due to the political context in which criminal justice policy is discussed—a context that hinges on political rhetoric and attempts to justify tough crime policies by referencing the “will of the people.” However, the people referenced are not a homogenous group of “tough on crime” advocates. New scholarship in this area has highlighted the diverse perspectives Americans have on capital punishment, three strikes legislation, and rehabilitation as a component of, or alternative to, incarceration. More specifically, research in this area suggests a rather ubiquitous influence of race and ethnicity on perceptions of punishment and fairness of justice systems.
Crime and Punishment Explained
References
See Also
- Criminal Law
- Criminal Procedure
Resources
Notes and References
- Entry about Punishment Public Opinion in the Encyclopedia of Race and Crime