RHANLEE D.

ABAO | M7-1L

For the forward-looking justification theorists, punishment is necessary to deter crimes.

(a) Despite having one of the world's highest incarceration rates, the United States' prevalent
use of imprisonment as the primary punitive measure has failed to significantly reduce crime rates.
To reduce recidivism, the Sentencing Project emphasizes the need for a more nuanced approach
that prioritizes rehabilitation and addresses the root causes of criminal behavior.1 Similarly,
despite imposing various punishments such as imprisonment and fines, the Philippines faces
deterrence challenges. Strict anti-drug policies and harsh penalties raise human rights concerns,
highlighting the ineffectiveness of punitive measures in addressing underlying issues such as
poverty and inequality.2 The call is for holistic approaches that prioritize rehabilitation, social
programs, and community engagement to achieve long-term reductions in crime.

(b) When looking at the ineffectiveness of prisons around the world, the emphasis on punitive
measures, particularly imprisonment, is criticized for isolating individuals and failing to address
the underlying causes of criminal behavior. While outright abolition of imprisonment or the death
penalty is unlikely, there is a growing consensus in favor of comprehensive criminal justice
reforms. The emphasis is on a rehabilitative approach that addresses root causes and provides
the necessary support for successful societal reintegration. Through effective rehabilitation, this
shift aims to elevate morality, promote peace, and address societal inequalities.

(c) The Japanese criminal justice system, which is well-known for its success in keeping
society safe, prioritizes rehabilitation over punitive measures. The "koban" system fosters trust
and communication between law enforcement and the community.3 The example of Japan
demonstrates how combining rehabilitative measures, community involvement, and addressing
societal factors significantly contributes to crime prevention. Meanwhile, due to its emphasis on
restorative justice and humane incarceration practices, Norway has low recidivism rates. The
Norwegian prison system prioritizes rehabilitation by providing education, vocational training, and
therapy to inmates to prepare them for successful reintegration into society.4

(d) Shifting philosophical justifications for punishment, the traditional "eye for an eye"
approach rooted in retribution is deemed backward-looking, driven by a desire for revenge.
Forward-thinking justifications emphasize rehabilitation, deterrence, and societal protection.5 The
call is to abandon inflicting harm for the sake of inflicting harm and instead justify punishments
based on abstract moral principles that benefit society. Maintaining an ethical commitment is
critical to avoiding the paradox of becoming depraved while attempting to punish the depraved.
By prioritizing redemption and societal well-being based on moral principles, societies are
encouraged to rise above the barbaric tendencies associated with retribution, contributing to a
more just and compassionate legal system.

1
Sentencing Project. Growth in Mass Incarceration. Sentencingproject.org.
2
Human Rights Watch (2017). Human Rights Consequences of the “War on Drugs” in the Philippines.
https://www.hrw.org/news/2017/07/20/human-rights-consequences-war-drugs-philippines
3
Japan National Police Agency. (2019). Community Safety Bureau.
https://www.npa.go.jp/english/bureau/community_safety/index.html
4
Bergsland R. & Tonseth C. (2019). Prison education in Norway – The importance for work and life after release.
https://www.tandfonline.com/doi/full/10.1080/2331186X.2019.1628408
5
Watamura, E., Ioku, T., & Wakebe, T. (2021). Justification of Sentencing Decisions: Development of a Ratio-Based
Measure Tested on Child Neglect Cases. Frontiers in Psychology, 12.
https://doi.org/10.3389/fpsyg.2021.761536