Moral Questions In The Idea Of Crime And Punishment

The question of crime and punishment has been a subject of great controversy among moral philosophers and jurists. The fundamental questions here are: What is crime? What is punishment? What is the justification for punishment? How do we determine the appropriate penalty or punishment for crime(s)?” Is punishment morally acceptable? Is punishment not vengeance or “an eye for an eye?” It is in an attempt to answer these questions and related ones that I venture to write this paper. I argue that punishment is a crime against the criminal. Punishment is part and force of a rule of law, utilized to minimize the occurrence of crimes or forbidden acts, in order to make society function. But as we move ahead in this new millennium can‟t society be restructured in such a way that we nib crime from the bud and punishment would be unnecessary? The question then becomes how? We argue that the “how” involves a sort of behaviour modification treatment rather than punishment. This essay is therefore an inquiry in moral and legal philosophy.