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Argument Types
Punishment Theories
Retribution
Deterrence
Rehabilitation
Incapacitation
Punishment because
one deserves it; must
‘pay back debt to
society’ created by
crime (deont.)
Punishment is good
because it discourages
future crime through
fear of punishment
-general: deterring
everyone from
committing that crime
-specific: deterring the
criminal being
punished from doing it
again
Attempt to improve
criminal’s character so
he will be able to later
function in society
w/o committing crime
-could be open-ended
so could be worse on
criminal
-expensive
Making it physically
impossible for a
person to commit
further crimes
-Not cost effective
-Punishing for
POSSIBLE future
offenses
-What about criminals
who would never
commit another
crime?
Elements of a Crime
1) actus reus: required conduct
2) attendant circumstances
3) result
4) mens rea: required mental state to commit the crime
5) No justifications or excuses to negate defenses to the crime
6) No statute of limitations defense to commit crime
7) Proper jurisdiction or venue
Deontological- based on first principles/
natural law: “It is right because it is right.”
Precedent- decisions previously made in
similar situations
Teological- based on consequence:
“Shouldn’t kill because it takes someones
life.”
Analogy- comparing other situations to the
one at hand
Utilitarian- based on what it best for
everyone (society)
-slippery slope: If we allow this, it will
lead to worse things being allowed and
then chaos
-floodgates: If we allow this once, then
many people will begin doing it and it is
will be very bad for everyone
Ad hominen- attacking source of
argument or opinion to discount it
