# Three purposes of military punishment - Anyone know them off hand?



## Sythen (5 Oct 2012)

Just had a debate with one of my coworkers about the death penalty, and was trying to remember.. Its been a couple years since my last hatless dance, but I remember the OC would always say something like there were 3 goals of the punishment.. And for the life of me, I can't remember them.. One of them was to serve as an example for others, I think. Anyone know off hand?


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## Danjanou (5 Oct 2012)

Google is your friend

To reform the offender
To deter others
To incapacitate (in the case of custodial sentences)


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## Sythen (5 Oct 2012)

Danjanou said:
			
		

> Google is your friend
> 
> To reform the offender
> To deter others
> To incapacitate (in the case of custodial sentences)



Sadly, didn't even think of google. Thanks for the info!


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## Shamrock (5 Oct 2012)

If you read any of the findings from the chief military judge website, you'll find they have about six reasons.


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## the 48th regulator (5 Oct 2012)

I was going to say,

Rum
Lash
Sodomy

But those were the olden days....

dileas

tess


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## Scott (5 Oct 2012)

Sythen said:
			
		

> Sadly, didn't even think of google. Thanks for the info!



SEARCH, NOOB!


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## brihard (5 Oct 2012)

General deterrence (Hey everyone! See what happens when you molest dogs?)
Specific deterrence (Hey jackass, what did you learn about molesting dogs?)
Incapacitation (You can't molest dogs if there are no dogs in jail)
Denunciation (Society condemns those who molest dogs!)
Rehabilitation (See how much more successful your life can be if you don't molest dogs? We'll help you.)

My crimnology profs would be proud if they weren't disgusted with what they have created...


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## Danjanou (5 Oct 2012)

Brihard said:
			
		

> General deterrence (Hey everyone! See what happens when you molest dogs?)
> Specific deterrence (Hey jackass, what did you learn about molesting dogs?)
> Incapacitation (You can't molest dogs if there are no dogs in jail)
> Denunciation (Society condemns those who molest dogs!)
> ...



Interesting examples there, something you'd like to share with the class? ;D


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## brihard (5 Oct 2012)

Danjanou said:
			
		

> Interesting examples there, something you'd like to share with the class? ;D



Just a rather liberal reinterpretation of this movie I saw once.

http://www.imdb.com/title/tt0120118/


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## Danjanou (5 Oct 2012)

Brihard said:
			
		

> Just a rather liberal reinterpretation of this movie I saw once.
> 
> http://www.imdb.com/title/tt0120118/



Good thing it's quitting time here because I ain't cleaning the coffee of of this keyboard and screen.  8)


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## cupper (5 Oct 2012)

Brihard said:
			
		

> Just a rather liberal reinterpretation of this movie I saw once.
> 
> http://www.imdb.com/title/tt0120118/



:rofl:


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## McG (5 Oct 2012)

Danjanou said:
			
		

> Google is your friend
> 
> To reform the offender
> To deter others
> To incapacitate (in the case of custodial sentences)


Those are not the ones that I know from the Canadian Military Justice System.  Try: General Deterrence, Specific Deterrence, Reformer/Rehabilitation, and Retribution.  In reference, see here: http://www.forces.gc.ca/jag/publications/training-formation/miljustice-justmil-v2-2/chap14-eng.asp


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## MeatheadMick (5 Oct 2012)

Brihard said:
			
		

> Just a rather liberal reinterpretation of this movie I saw once.
> 
> http://www.imdb.com/title/tt0120118/



Holy fuck... best laugh I've had all day, thanks Brihard.


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## Sythen (5 Oct 2012)

MCG said:
			
		

> Those are not the ones that I know from the Canadian Military Justice System.  Try: General Deterrence, Specific Deterrence, Reformer/Rehabilitation, and Retribution.  In reference, see here: http://www.forces.gc.ca/jag/publications/training-formation/miljustice-justmil-v2-2/chap14-eng.asp



That's it exactly! Retribution was the point I was trying to make but couldn't think of the correct words in my discussion earlier!


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## The Bread Guy (5 Oct 2012)

Brihard said:
			
		

> Just a rather liberal reinterpretation of this movie I saw once.
> 
> http://www.imdb.com/title/tt0120118/


Milpoints inbound....


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## Old Sweat (5 Oct 2012)

In the old army, and Edward may agree, the purposes probably were:

a. enhance the authority of the NCOs; 

b. while doing a., not make the sub unit commanders have to think too hard; and

c. give the runner something to do by making him the escort. 

The classic army urban legend combined b. and c. as follows. Fairly dotty officer commanding nods through evidence re very minor offence for first time offender, automatically finds him guilty, recognizes face of runner who usually acts as escort, barks "you have appeared in front of me far too often" and sentences first time offender to 14 days detention.


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## FJAG (5 Oct 2012)

For your info, the following is a portion of a recent Canadian Court Martial decision which sets out the key purposes and principles in determining an appropriate sentence. You'll note there is one purpose with four objectives and additional principles:

[2] It is now incumbent upon me to determine what shall be an appropriate, fair, and just sentence that will maintain discipline. In the context of sentencing an offender under the Code of Service Discipline, the Court Martial Appeal Court has expressly stated that a court martial should guide itself with the appropriate sentencing purposes, principles, and objectives, including those enunciated in sections 718.1 and 718.2 of the Criminal Code. The fundamental purpose of sentencing at court martial is to contribute to the respect of the law and the maintenance of military discipline by imposing punishments that meet one or more of the following objectives: the protection of the public and it includes the Canadian Forces; the denunciation of the unlawful conduct; the deterrent effect of the punishment, not only on the offender, but also upon others who might be tempted to commit such offences; and the reformation and rehabilitation of the offender.

[3] The sentence must also take into consideration the following principles: the sentence must be commensurate with the gravity of the offence, the previous character of the offender and his or her degree of responsibility; and the sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances. A court must also respect the principle that an offender should not be deprived of liberty if less restrictive punishments may be appropriate in the circumstances. In other words, punishments in the form of incarceration should be used as a last resort. Finally, the sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender. However, the court must act with restraint in determining sentence in imposing such punishment that should be the minimum necessary intervention to maintain discipline. It must be emphasized that sentencing in Canada is an individualized process.


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## FJAG (5 Oct 2012)

The key statement as to the purpose of sentencing under the Canadian Criminal Code is the following (again - note one purpose, multiple objectives):

718. The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

(a) to denounce unlawful conduct;

(b) to deter the offender and other persons from committing offences;

(c) to separate offenders from society, where necessary;

(d) to assist in rehabilitating offenders;

(e) to provide reparations for harm done to victims or to the community; and

(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community.

There are other elements but this most directly answers your question.


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## OzairK (28 Oct 2012)

The three purpose of crime punishment are:
                                   1) Rehabilitation. to reform the offender, so he/she does not make the same mistake or break the law again and join the society.
                                   2) To deter other from committing a crime by letting them know the consequence of breaking the law to maintain the general moral                                      of the society.
                                   3) And finally to protect the society. 


Thats how the Justice system put it.


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## Sythen (28 Oct 2012)

MCG listed the ones I was looking for. Before the sentencing of every summary trial I was ever part of (hatless, witness or escort), the OC would always say the goals of the punishment.

General Deterrence/Specific Deterrence 
Reformer/Rehabilitation
Retribution


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## daftandbarmy (29 Oct 2012)

And here I was all the time going around thinking that it was about 'motivation':

http://www.ted.com/talks/dan_pink_on_motivation.html


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