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单词 punishment
释义

punishment


pun·ish·ment

P0661700 (pŭn′ĭsh-mənt)n.1. The imposition of a penalty or deprivation for wrongdoing: the swift punishment of all offenders.2. A penalty imposed for wrongdoing: "The severity of the punishment must ... be in keeping with the kind of obligation which has been violated" (Simone Weil).3. Rough treatment or use: These old skis have taken a lot of punishment over the years.

punishment

(ˈpʌnɪʃmənt) n1. (Law) a penalty or sanction given for any crime or offence2. (Law) the act of punishing or state of being punished3. informal rough treatment4. (Psychology) psychol any aversive stimulus administered to an organism as part of training

pun•ish•ment

(ˈpʌn ɪʃ mənt)

n. 1. the act of punishing. 2. the fact of being punished. 3. a penalty inflicted for an offense or fault. 4. severe handling or treatment. [1250–1300; Middle English punysshement < Anglo-French punisement, Old French punissement. See punish, -ment]

Punishment

See also banishment; crime
amercement, amerciament1. punishment or penalty applied at the discretion of a court or other authority, as contrasted with a penalty predetermined by statute.
2. the imposing of such a penalty. — amercer, n.
caneologyHumorous. advocacy of the use of a cane in corporal punishment.elinguationObsolete, the process of removing the tongue.evirationObsolete, the act of castrating.excecationObsolete, the process of blinding.fustigationbeating with a stick or club.mastigophobiaan abnormal fear of being beaten. Also called rhabdophobia.poinephobiaan abnormal fear of punishment.

Punishment

 

the devil to pay Consequences to be suffered; a dear price to be paid; trouble, confusion, or a “fate worse than death” to be endured. The first and most convincing of the three possible origins of this expression is that it alludes to the alleged bargains made between the devil and an individual such as Faust, the chief character in a medieval legend who traded his soul for knowledge and power. Another popular explanation is that many London barristers mixed work and pleasure in an inn called the Devil Tavern in Fleet Street. Their excuse for working was that they had to pay the “Devil” for their drinks. Still other sources cite the significance of the nautical use of devil to pay and the longer devil to pay and no pitch hot The “devil” is a seam in a ship near the keel and “to pay” is to cover the seam with pitch. The difficulty of “paying the devil” is said to have given rise to the figurative uses of the devil to pay. This expression has been in print since the early 18th century. See also between the devil and the deep blue sea, PREDICAMENT.

get it in the neck To be reprimanded or disciplined; to be severely chastised; to bear the brunt. This expression has its origins in the punishment of decapitation, in which the guillotine’s blade cleaved off one’s head at the neck. Figuratively, the phrase usually refers to an undeserving victim of castigation or loss:

It’s the poor old vicar who gets it most in the neck. … He runs the risk of losing the best-kept-village competition because … the churchyard is looking its shaggiest. {Guardian, June, 1973)

The expression is not limited in application to that which has a neck, even a figurative one:

You probably don’t know what a village looks like when it has caught it in the neck. (D. O. Barnett, Letters, 1914)

get one’s lumps See ADVERSITY.

go to heaven in a wheelbarrow To be damned to eternal suffering; to go to hell. This obsolete expression has been traced to a window in Gloucestershire, England, depicting Satan wheeling away a termagant woman in a wheelbarrow.

This oppressor must needs go to heaven, … But it will be, as the by-word is, in a Wheel-barrow; the fiends, and not the Angels will take hold on him. (Thomas Adams, Gods Bounty, 1618)

See also go to hell in a handbasket, DEGENERATION.

heads will roll Those responsible will be held accountable; there’s trouble in the offing. This American slang expression is of fairly recent vintage, though it alludes to former times when beheading was common and heads literally did roll as a result of an enraged monarch’s fit of anger at his subjects’ incompetence, betrayal, or rebelliousness.

kiss the rod See SUBMISSIVENESS.

lower the boom To punish; to severely chastise or discipline; to prohibit. This expression originally described a nautical maneuver by which one of the ship’s booms was directed so as to knock an offending seaman overboard. The expression later developed into a prize fighting term for delivering a haymaker. In contemporary usage, the phrase is often applied to an activity which is abruptly terminated through anger or castigation.

Just as they were about to pawn my studs … my patience evaporated and I lowered the boom on them. (The New Yorker, June, 1951)

pin [someone’s] ears back See REPRIMAND.

ride on a rail To punish severely, to chastise mercilessly; to subject to public abuse and scorn; to banish, ostracize, or exile; in the latter sense usually to ride out of town on a rail. It was formerly the practice to punish a wrongdoer by seating him astride a rail, or horizontal beam, and then carrying him about town as an object of derision. Often he was then taken to the village limits and warned not to set foot in the town again under pain of yet more severe punishment.

The millmen … [hesitated whether to] ride him on a rail, or refresh him with an ablution at the town-pump. (Nathaniel Hawthorne, Twice Told Tales, 1837)

run the gauntlet See ADVERSITY.

send up the river To send to prison. This American expression originally referred to the incarceration of an offender at Sing Sing—a notorious correctional facility located up the Hudson River from New York City. The phrase has now been extended to include any imprisonment.

I done it. Send me up the river. Give me the hot seat. (Chicago Daily News, March, 1946)

stand the gaff See ENDURANCE.

send to Coventry To ostracize or exclude from society because of objectionable behavior; to refuse to associate with, to ignore. Several explanations have been proposed as to the origin of this expression. The most plausible was put forth by Edward Hyde Clarendon in A History of the Rebellion and Civil Wars in England (1647). It stated that citizens of a town called Bromigham were in the habit of attacking small groups of the King’s men and either killing them or taking them prisoner and sending them to Coventry, then a Parliamentary stronghold. A less plausible explanation maintains that the inhabitants of Coventry so hated soldiers that any social intercourse with them was strictly forbidden. Thus, a soldier sent to Coventry was as good as cut off from all social relations for the duration of his stay.

take the bark off To flog or chastise, to give one a hiding. This 19th-century Americanism, implying a flogging or whipping so severe as to flay one’s skin, likens the skin on a person to the bark on a tree.

The old man’s going to take the bark off both of us. (Johnson J. Hooper, The Adventures of Captain Simon Suggs, 1845)

take the rap To accept or be given the responsibility and punishment for a crime, especially one committed by another; to take the blame. Although this expression apparently employs rap in its sense of ‘blame or punishment,’ one source suggests that the phrase may in fact be a corruption of the theatrical take the nap ‘to be dealt a feigned blow.’

I don’t think though, I shall be able to take the nap much longer. (Era Almanach, 1877)
He carried the banner and took the rap for Roosevelt in the Senate for years. (Saturday Evening Post, July 2, 1949)

Related expressions are bum rap ‘a frame-up; a conviction for a crime of which one is innocent,’ and beat the rap ‘to be acquitted or absolved of blame,’ usually with the implication that one is indeed guilty.

[Senator] Kefauver [and his Congressional committee] realize that as dope peddling and boot-legging are made more difficult, the crooks will start looking for new ways to beat the rap. (P. Edson, AP wire story, September, 1951)

Rap itself is often used as a synonym for an arrest, a trial, or a jail sentence.

Gangs with influence can beat about 90% of their “raps” or arrests. (Emanuel Lavine, The Third Degree: A Detailed Exposé of Police Brutality, 1930)

tar and feather To punish harshly or castigate severely. This expression is derived from the brutal punishment in which the victim was doused with hot tar and subsequently covered with feathers. In 1189, this form of chastisement received royal sanction in England. While it was never ordained as a legal penalty in the United States, it nevertheless became a form of punishment by the masses for a crime or misdoing which fell outside the realm of the law. It retains frequent hyperbolic use.

throw the book at To give a convicted criminal the maximum penalty or sentence; to prosecute on the most serious of several charges stemming from a single incident, especially when it would be possible to try a person on a lesser charge; to accuse of several crimes. This expression conjures images of a judge’s referring to a law book to compile a list of all possible wrongdoings of which a prisoner may be accused, or a list of the most severe penalties that may be assessed for the crime(s) of which a person has been convicted.

He was formally charged with “breaking ranks while in formation, felonious assault, indiscriminate behaviour, mopery, high treason, provoking, being a smart guy, listening to classical music, and so on.” In short, they threw the book at him. (Joseph Heller, Catch-22, 1962)

Thesaurus
Noun1.punishment - the act of punishingpunishment - the act of punishing penalisation, penalization, penaltysocial control - control exerted (actively or passively) by group actionchastisement, castigation - verbal punishmentcorporal punishment - the infliction of physical injury on someone convicted of committing a crimecruel and unusual punishment - punishment prohibited by the 8th amendment to the U.S. Constitution; includes torture or degradation or punishment too severe for the crime committeddetention - a punishment in which a student must stay at school after others have gone home; "the detention of tardy pupils"discipline, correction - the act of punishing; "the offenders deserved the harsh discipline they received"economic strangulation - punishment of a group by cutting off commercial dealings with them; "the economic strangulation of the Jews by the Nazi Party"imprisonment - putting someone in prison or in jail as lawful punishmentmedicine, music - punishment for one's actions; "you have to face the music"; "take your medicine"self-punishment - punishment inflicted on yourselfstick - threat of a penalty; "the policy so far is all stick and no carrot"self-abasement, self-mortification, penance - voluntary self-punishment in order to atone for some wrongdoing

punishment

noun1. penalizing, discipline, correction, retribution, what for (informal), chastening, just deserts, chastisement, punitive measures The man is guilty and he deserves punishment.2. penalty, reward, sanction, penance, comeuppance (slang) The usual punishment is a fine.3. (Informal) beating, abuse, torture, pain, victimization, manhandling, maltreatment, rough treatment He took a lot of punishment in the first few rounds of the fight.4. rough treatment, abuse, maltreatment This bike isn't designed to take that kind of punishment.Related words
fear poinephobia
Quotations
"Let the punishment fit the crime" [W.S. Gilbert The Mikado]
"Whoso sheddeth man's blood, by man shall his blood be shed" Bible: Genesis
"They have sown the wind, and they shall reap the whirlwind" Bible: Hosea
"Men are not hanged for stealing horses, but that horses may not be stolen" [George Savile, Marquess of Halifax Political, Moral, and Miscellaneous Thoughts]

punishment

nounSomething, such as loss, pain, or confinement, imposed for wrongdoing:castigation, chastisement, correction, discipline, penalty.
Translations
惩罚处罚

punish

(ˈpaniʃ) verb1. to cause to suffer for a crime or fault. He was punished for stealing the money. 懲罰 惩罚2. to give punishment for. The teacher punishes disobedience. 懲罰 处罚ˈpunishable adjective (of offences etc) able or likely to be punished by law. Driving without a licence is a punishable offence. 該罰的 该罚的ˈpunishment noun1. the act of punishing or process of being punished. 懲罰 惩罚2. suffering, or a penalty, imposed for a crime, fault etc. He was sent to prison for two years as (a) punishment. 處罰 处罚punitive (ˈpjuːnətiv) adjective giving punishment. 給予懲罰的 给予惩罚的

punishment

惩罚zhCN

punishment


a glutton for punishment

A person who continues to do things whose consequences they find difficult or unpleasant. I couldn't wait to finish college, but I soon found myself in grad school. I must be a glutton for punishment. Why does George keep getting detention? Is he a glutton for punishment?See also: glutton, punishment

glutton for punishment

Fig. someone who is eager for a burden or some sort of difficulty; someone willing to accept a difficult task. Tom works too hard. He is a glutton for punishment. I enjoy managing difficult projects, but I am a glutton for punishment.See also: glutton, punishment

glutton for punishment

Someone who habitually takes on burdensome or unpleasant tasks or unreasonable amounts of work. For example, Rose agreed to organize the church fair for the third year in a row-she's a glutton for punishment . This expression originated as a glutton for work in the late 1800s, punishment being substituted about a century later. See also: glutton, punishment

a glutton for punishment

If someone is a glutton for punishment, they keep on doing something which most people would find unpleasant or difficult. As well as the early starts riding and late nights working, this glutton for punishment is also studying for a degree. I know it's a big job to take on, but then I've always been a glutton for punishment. Note: A glutton is a greedy person. See also: glutton, punishment

a glutton for punishment

a person who is always eager to undertake hard or unpleasant tasks. Glutton of — was used figuratively from the early 18th century for someone inordinately fond of the thing specified, especially when translating the Latin phrase helluo librorum ‘a glutton of books’. The possible origin of the present phrase is in early 19th-century sporting slang.See also: glutton, punishment

a ˌglutton for ˈpunishment, ˈwork, etc.

(informal) a person who seems to like doing unpleasant or difficult things: You’re going to drive all the way to London and back in a day? You’re a glutton for punishment, aren’t you?She’s a glutton for work. She stays late every evening.A glutton is a person who is too fond of food. In this idiom, it refers to a person who seems to be very fond of the thing mentioned.See also: glutton

glutton for punishment, a

A masochist, a person who seeks out odious or onerous tasks, or habitually takes on more than is reasonable. The earliest version of this term was a glutton for work and dates from the latter part of the nineteenth century. It was used by Kipling in his story A Day’s Work (1895): “He’s honest, and a glutton for work.” Whether work is viewed as punishment or not is clearly up to the viewer. The OED, which cites a glutton for punishment only in 1971, makes no such judgment.See also: glutton

punishment


punishment:

see capital punishmentcapital punishment,
imposition of a penalty of death by the state. History

Capital punishment was widely applied in ancient times; it can be found (c.1750 B.C.) in the Code of Hammurabi.
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; corporal punishmentcorporal punishment,
physical chastisement of an offender. At one extreme it includes the death penalty (see capital punishment), but the term usually refers to punishments like flogging, caning, mutilation, and branding. Until c.
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; criminal lawcriminal law,
the branch of law that defines crimes, treats of their nature, and provides for their punishment. A tort is a civil wrong committed against an individual; a crime, on the other hand, is regarded as an offense committed against the public, even though only one
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; prisonprison,
place of confinement for the punishment and rehabilitation of criminals. By the end of the 18th cent. imprisonment was the chief mode of punishment for all but capital crimes.
..... Click the link for more information.
.

Punishment

 

a measure of coercion applied by a court in the name of the state as a penalty for commission of a crime.

The idea of punishment arose in ancient times. It did not exist in preclass society as a means of state coercion but operated instead on the principle of the blood feud, that is, “an eye for an eye, a tooth for a tooth.” Forced labor, one of the earliest types of punishment, appeared in slaveholding society. With the spread of Christianity came the idea that punishment led to atonement for sins, a concept that took its first legal form in canon law. In the 18th century this idea became fixed in criminal laws and codes. The primary purpose of punishment was considered to be deterrence. Measures of punishment were accordingly extremely cruel and included the death penalty, mutilation, and corporal punishment.

After the bourgeois revolutions of the 18th and 19th centuries, bourgeois ideologists advanced the proposition that the purpose of punishment was the safety of society. Yet punishment in bourgeois criminal law continued above all to be a means of vengeance. This was shown in the establishment of various prison systems that were intended to violate the human dignity of those confined and cause them moral and physical suffering. The repressive nature of punishment under bourgeois criminal law was revealed in its harshest form during the period of fascism in Germany and Italy, where punishment operated as a device of terror.

In the capitalist states during the 19th and 20th centuries, the nature of punishment has changed somewhat. The corrective function of punishment has been proposed in abstract form and some liberalization of prison conditions has taken place. Types of confinement in which punishment is combined with education, with study of the personality of the prisoner, and with psychotherapy have been introduced, particularly for juvenile offenders. Systems of “noninstitutional” custody, which do not include imprisonment, have been implemented. All these innovations are linked to the search for ways to combat the steady growth of crime in capitalist society, and are a result of the struggle of the working people in the capitalist countries for democratization of the criminal justice system. In principle, however, such measures cannot change the role and significance of punishment as a means of vengeance and suppression of the personality.

In the USSR, the content and purposes of punishment are set down in Article 20 of the Basic Principles of Criminal Legislation of the USSR and the Union Republics and in Articles One and Two of the Basic Principles of Corrective Labor Legislation of the USSR and the Union Republics. Among the purposes of punishment are correction and reeducation of convicted offenders, prevention of further crimes they might commit (specific or special prevention), and prevention of crimes by other persons (general prevention). The principal means of correction and reeducation include the conditions under which the punishment is served, participation by convicted offenders in socially useful labor, political education, and general educational and vocational-technical training. The social significance of punishment lies in its function within the complex set of social measures designed to prevent crime.

The punishment provided by law for a given crime can be imposed on guilty persons only on the sentence of a court. The Basic Principles of Criminal Legislation establishes certain rules for the imposition of punishment, which are primarily intended to affirm general principles for selecting punishment. From among the sanctions available under the law, the court selects the type and amount of punishment that match the crime committed. Here the court considers the nature and degree of social danger inherent in the crime committed, the character of the offender, and any circumstances of the case that mitigate or aggravate criminal accountability. Soviet criminal law ensures individualization of punishment, that is, selection of precisely that measure of punishment that is sufficient to ensure that the goals of punishment are achieved, particularly the correction and reeducation of the criminal. The availability of a variety of punishments is an essential condition for individualizing punishment.

The Basic Principles of Criminal Legislation contain a definitive list of available measures of punishment. These include deprivation of freedom (confinement), exile (to a certain place), banishment (from a certain place), corrective labor without deprivation of freedom, loss of the right to occupy certain positions or to engage in certain activities, fines, public reprimand, confiscation of property, and loss of military or other special rank. Active-duty servicemen may also be assigned to a disciplinary battalion to serve their punishment. The criminal codes of the Union republics also provide such punishments as dismissal from a position held, imposition of an obligation to compensate for damages criminally caused, and loss of parental rights.

All measures of punishment are divided into primary and supplementary, with the latter used to amplify the former. Deprivation of freedom, corrective labor without deprivation of freedom, public reprimand, and assignment to a disciplinary battalion are considered primary punishments. Exile, banishment, loss of the right to occupy certain positions or engage in certain activities, fines, dismissal from a position, and imposition of the obligation to compensate damages may be imposed as either primary or supplementary punishments. Confiscation of property, loss of military or special rank, and (in the criminal codes of most of the Union republics) loss of parental rights can only be supplementary punishments. A court that imposes a supplementary punishment in addition to a primary one does so in order to increase the punishment.

The supreme form of punishment, namely, the death penalty, is not part of the general system of punishment. The law considers the death penalty to be an extraordinary measure—pending its complete abolition in the future, it is to be used on a temporary basis, and only in cases specially provided by law.

Soviet law proceeds from the presumption that punishment is employed only for actual crimes and only in those cases where other measures of influence on violators of the law have been inadequate.

REFERENCES

Kurs sovetskogo ugolovnogo prava, vol. 3. Moscow, 1970.
Karpets, I. I. Nakazanie: Sotsial’nye, pravovye i kriminologicheskie problemy. Moscow, 1973.
Noi, I. S. Sushchnost’ i funktsii ugolovnogo nakazaniia v Sovetskom gosudarstve. Saratov, 1973.

N. A. STRUCHKOV

What does it mean when you dream about punishment?

Punishment in a dream reflects guilt or shame about some actions committed by the dreamer. Even if the punishment is being inflicted upon someone else, the dreamer is most probably “feeling” the punishment as well.

Punishment

See also Torture, Transformation.Abijah Jeroboam’schild; taken by God for father’s wickedness. [O.T.: I Kings 14:12]Adamcondemned to survive by sweat of brow. [O.T.: Genesis 3:19]Amfortassinful life led to perpetual suffering. [Arth. Legend: Walsh Classical, 20; Ger. Opera: Parsifal]Ammithalf-hippopotamus, half-lion monster of underworld; ate the sinful. [Egyptian Myth.: Leach, 50]Ashuraland of punishment for those who die angry. [Jap. Myth.: Jobes, 140]Atlas Titancondemned to bear world on shoulders. [Gk. Myth.: Walsh Classical, 38]Battus Arcadianshepherd who revealed Mercury’s theft of sheep; he was punished by being turned to stone. [Gk. and Rom. Myth.: Walsh Classical, 71]Born, Bertrandde Dante has him carry his head as lantern. [Ital. Lit.: Inferno; Walsh Classical, 55]Cambyseshad a venal judge put to death and the body skinned as covering for his judgment seat. [Gk. Hist.: Herodotus in Magill III, 479]Diraethe Furies; punished crimes and avenged wrongs. [Gk. Myth.: Kravitz, 82, 91–92]Don Juanfor murder, devoured by fire. [Span. Lit.: Benét, 279; Ger. Opera: Mozart, Don Giovanni, Westerman, 95]Erinyes (Furies)three sisters who pursue those guilty of blood crimes and drive them mad. [Gk. Myth.: Benét, 320]Evefor disobeying God, would suffer in childbirth. [O.T.: Genesis 3:16]floodfor his evilness, man perishes by inundation. [O.T.: Genesis 6: 5–8; 7:4]Herod Agrippa Iwas eaten by worms for playing god. [N.T.: Acts 12:23]Herodiaslived for nineteen centuries as punishment for her crime against John the Baptist. [Fr. Lit.: Eugène Sue The Wandering Jew]iron maidenhollow iron figure in the shape of a woman, lined with spikes that impaled the enclosed victim. [Ger. Hist.: Brewer Dictionary, 491]Ixion Thessalianking bound to fiery wheel by Zeus. [Gk. and Rom. Myth.: Zimmerman, 142; Rom. Lit.: Metamorphoses]Laocoön Trojanpriest offends Athena, is strangled to death by two sea serpents. [Gk. Myth.: Benét, 565]Nadab and Abihudestroyed by God for offering Him “alien fire.” [O.T.: Leviticus 10:1–3]Papagenofor lying, has mouth padlocked. [Ger. Opera: Mozart, The Magic Flute, Westerman, 102–104]Peeping Tomstruck blind for peeping at Lady Godiva. [Br. Legend: Brewer Dictionary, 403]plagues on EgyptGod visits Egypt with plagues and epidemics to show his power. [O.T.: Exodus 8, 12]Prometheusfor rebelliousness, chained to rock; vulture fed on his liver which grew back daily. [Rom. Myth.: Zimmerman, 221–222]Prynne, Hesterpilloried and sentenced to wear a scarlet “A” for her sin of adultery. [Am. Lit.: The Scarlet Letter]Sisyphuscondemned in Hades to roll boulder uphill which would immediately roll down again. [Gk. Myth.: Zimmerman, 244; Gk. Lit.: Odyssey; Rom. Lit.: Aeneid]Tantalusfor his crimes, sentenced to Hades to be within reach of water he cannot drink. [Gk. Myth.: Zimmerman, 253; Gk. Lit.: Odyssey]Tell, Williamordered to shoot apple placed on son’s head for refusing to salute governor’s hat. [Ger. Lit.: William Tell; Ital. Opera: Rossini, William Tell; Westerman, 121–122]Thyestesunknowingly eats sons served by vengeful brother. [Rom. Lit.: Thyestes]Tyburntree site of the London gibbet. [Br. Hist.: Espy, 169]Vale of Achorsite of lapidation of Achan, Israelite troublemaker. [O.T.: Joshua 7:24–26]Vathekcondemned to eternal flames for seeking forbidden knowledge. [Br. Lit.: Beckford Vathek]

punishment

1. a penalty or sanction given for any crime or offence 2. the act of punishing or state of being punished 3. Psychol any aversive stimulus administered to an organism as part of training
MedicalSeecapital punishment

Punishment


Punishment

The imposition of hardship in response to misconduct.

Punishments authorized in modern U.S. law include community service, monetary fines, Forfeiture of property, restitution to victims, confinement in jail or prison, and death.

Some civil sanctions are punitive in nature. The primary aim, though, in most civil cases is to compensate the victim. However, a judge or jury may assess Punitive Damages against a party in a civil case if that party's conduct was especially wicked. Punitive damages are intended to punish a party or set an example for similar wrongdoers. Though onerous, punitive damages in a civil case do not carry with them the same stigma attached to criminal punishment.

Human transgressions have been punished in various ways throughout history. The standard punishments in ancient Greek and Roman societies were death, Slavery, mutilation (Corporal Punishment), imprisonment, or Banishment. Some punishments were especially creative. In ancient Rome, for example, a person who murdered a close relative was enclosed in a sack with a cock, a viper, a dog, and a monkey, and then cast into the sea.

The ancient punishments were brought to England. Until the nineteenth century, the death penalty, or Capital Punishment, was imposed in England for more than 200 different crimes. Most of these crimes were petty violations, such as pick-pocketing or swindling. A defendant could be hanged, burned at the stake, or beheaded. In some cases the process of death was drawn out. A person found guilty of Treason, for example, was placed on a rack and stretched, hanged until not quite dead, then disemboweled, beheaded, and quartered (cut into four pieces).

Until the nineteenth century, corporal punishment in England could consist of whipping, branding, or the cutting off of a body part. Noses, ears, hands, fingers, toes, and feet were all subject to removal for criminal acts. Often the body part sliced off was the part thought responsible for the act. A pickpocket, for example, might have a hand cut off, and a spy might lose an ear, tongue, or eye. Corporal punishment could be inflicted in addition to other punishments, such as banishment, forced labor, or short-term incarceration.

The American colonies adopted and cultivated the traditional punishments of England. The most common punishments were corporal and capital. Petty criminals were often sentenced to a combination of corporal punishment and incarceration in jail for several months. The punishment for more serious crimes was usually death.

Punishment was the most comprehensive and severe in colonies founded on religious principles. In Massachusetts, controlled by the Puritans, a woman who committed Adultery could be forced to wear the letter A in public as a punishing reminder of her conduct. Men who committed adultery were put to death, as were those who engaged in bestiality.

The witch trials in Salem, Massachusetts, illustrated the inventiveness of punishment in some of the colonies. In 1692, 19 people were executed after children claimed that several women were practicing witchcraft. One of the alleged witnesses, who refused to participate in the trials, was slowly pressed to death under the weight of heavy rocks.

Theories of Punishment

Governments have several theories to support the use of punishment to maintain order in society.

Theories of punishment can be divided into two general philosophies: utilitarian and retributive. The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future wrongdoing. The retributive theory seeks to punish offenders because they deserve to be punished.

Under the utilitarian philosophy, laws should be used to maximize the happiness of society. Because crime and punishment are inconsistent with happiness, they should be kept to a minimum. Utilitarians understand that a crime-free society does not exist, but they endeavor to inflict only as much punishment as is required to prevent future crimes.

The utilitarian theory is "consequentialist" in nature. It recognizes that punishment has consequences for both the offender and society and holds that the total good produced by the punishment should exceed the total evil. In other words, punishment should not be unlimited. One illustration of consequentialism in punishment is the release of a prison inmate suffering from a debilitating illness. If the prisoner's death is imminent, society is not served by his continued confinement because he is no longer capable of committing crimes.

Under the utilitarian philosophy, laws that specify punishment for criminal conduct should be designed to deter future criminal conduct. Deterrence operates on a specific and a general level. General deterrence means that the punishment should prevent other people from committing criminal acts. The punishment serves as an example to the rest of society, and it puts others on notice that criminal behavior will be punished.

Specific deterrence means that the punishment should prevent the same person from committing crimes. Specific deterrence works in two ways. First, an offender may be put in jail or prison to physically prevent her from committing another crime for a specified period. Second, this incapacitation is designed to be so unpleasant that it will discourage the offender from repeating her criminal behavior.

Rehabilitation is another utilitarian rationale for punishment. The goal of rehabilitation is to prevent future crime by giving offenders the ability to succeed within the confines of the law. Rehabilitative measures for criminal offenders usually include treatment for afflictions such as mental illness, chemical dependency, and chronic violent behavior. Rehabilitation also includes the use of educational programs that give offenders the knowledge and skills needed to compete in the job market.

The counterpart to the utilitarian theory of punishment is the retributive theory. Under this theory, offenders are punished for criminal behavior because they deserve punishment. Criminal behavior upsets the peaceful balance of society, and punishment helps to restore the balance.

The retributive theory focuses on the crime itself as the reason for imposing punishment. Where the utilitarian theory looks forward by basing punishment on social benefits, the retributive theory looks backward at the transgression as the basis for punishment.

According to the retributivist, human beings have free will and are capable of making rational decisions. An offender who is insane or otherwise incompetent should not be punished. However, a person who makes a conscious choice to upset the balance of society should be punished.

There are different moral bases for retribution. To many retributivists, punishment is justified as a form of vengeance: wrongdoers should be forced to suffer because they have forced others to suffer. This ancient principle was expressed succinctly in the Old Testament of the Judeo-Christian Bible: "When a man causes a disfigurement in his neighbour … it shall be done to him, fracture for fracture, eye for eye, tooth for tooth…."

To other theorists, retribution against a wrongdoer is justified to protect the legitimate rights of both society and the offender. Society shows its respect for the free will of the wrongdoer through punishment. Punishment shows respect for the wrongdoer because it allows an offender to pay the debt to society and then return to society, theoretically free of guilt and stigma.

A third major rationale for punishment is denunciation. Under the denunciation theory, punishment should be an expression of societal condemnation. The denunciation theory is a hybrid of Utilitarianism and retribution. It is utilitarian because the prospect of being publicly denounced serves as a deterrent. Denunciation is likewise retributive because it promotes the idea that offenders deserve to be punished.

The U.S. conception of punishment is a combination of the utilitarian, retributive, and denunciation theories. The most widely accepted rationale for punishment in the United States is retribution. If convicted, the sentence a defendant receives is always, at least in part, a form of retribution.

A sentence may, however, combine utilitarian ideals with retribution. For example, a defendant sentenced to prison for several years is sent there to quench the public's thirst for vengeance. At the same time, educational programs inside the prison reflect the utilitarian goal of rehabilitation.

Our legal system shows its adherence to utilitarian ideals in the creation of systems such as pretrial diversion programs, Probation, and Parole. These systems seek to limit punishment to the extent necessary to protect society. The utilitarian philosophy is also reflected in the assignment of different punishments for different crimes and in the notion that the amount of punishment a convicted criminal receives should be in proportion to the harm caused by the crime. For example, murder calls for imprisonment or even the death penalty. A simple Assault and Battery with no serious injuries is usually punished with a short jail sentence or probation and a fine.

Judges generally have the discretion to fashion punishment according to the needs of both society and the defendant. This is an expression of utilitarian tenets. However, judicial discretion in sentencing is limited. In some cases statutes require judges to impose mandatory minimum prison sentences as punishment, and these laws stand as a monument to the retributive theory.

Cross-references

Utilitarianism.

After the colonies won freedom from English control, enlightened social discourse led to the imposition of restraints on punishment. In 1791 the states ratified the Eighth Amendment to the U.S. Constitution to prohibit excessive bail, excessive fines, and the infliction of cruel and unusual punishments. Because the amendment did not define "cruel and unusual punishment," lawmakers and courts have had to determine what punishments are cruel and unusual. Throughout the nineteenth century, the Cruel and Unusual Punishment Clause was interpreted to prohibit only torture and barbarous punishments.

After the ratification of the Eighth Amendment, corporal punishment was replaced by incarceration in jail or prison. Capital punishment, essentially the ultimate form of corporal punishment, survived into the 1970s, when it was held to be cruel and unusual (furman v. georgia, 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. 2d 346 [1972]). That decision was overturned four years later in gregg v. georgia, 428 U.S. 153, 96 S. Ct. 2909, 49 L. Ed. 2d 859 (1976), and capital punishment was restored in many juris dictions.

The United States is the only western industrialized country to use the death penalty. Most states authorize the death penalty as a punishment for first-degree murder. Hanging, death by electrocution, and the firing squad are still used, but the most common form of capital punishment is death by lethal injection.

For more than a century after the Eighth Amendment was ratified, lawmakers and courts did not interpret its prohibition of cruel and unusual punishment to include a prohibition of disproportionate punishment. Federal and state lawmakers were free to impose punishment on convicted criminals without concern for whether the punishment fit the crime. In 1910 the U.S. Supreme Court recognized the proportionality concept in Weems v. United States, 217 U.S. 349, 30 S. Ct. 544, 54 L. Ed. 793. In Weems, Paul A. Weems was convicted of falsifying a single item of a public record and sentenced to hard labor for 12 to 20 years while chained at the wrists and ankles. The Court in Weems examined the nature of the crime, compared Weems's sentence with punishment in other jurisdictions for the same offense, and looked at the punishment for more serious crimes within the same jurisdiction.

In light of the comparisons, the Court found that the punishment of Weems was too harsh. According to the Court, the Eighth Amendment was designed to protect against such disproportionate punishment, and it ordered the case against Weems dismissed. Since the Weems decision, courts and lawmakers in the United States have attempted to find the right amount of punishment for various criminal acts.

Both legislators and judges determine punishment. Legislators identify the range of punishments that a court may impose for a certain crime. Punishment for crimes is listed in federal, state, and local laws. In most cases statutes name a variety of punishments appropriate for the crime, and courts have discretion in determining the precise punishment. However, many federal and state laws on narcotics identify a mandatory minimum prison sentence that must be imposed, and this ruling removes sentencing discretion from the judge.

In Harmelin v. Michigan, 501 U.S. 957, 111 S. Ct. 2680, 115 L. Ed. 2d 836 (1990), Ronald Harmelin challenged the punishment he received for possession of more than 650 grams of cocaine. Though he had no prior felonies, Harmelin was convicted in Michigan state court and sentenced to spend the rest of his life in prison. On appeal the U.S. Supreme Court upheld the sentence, ruling that "severe, mandatory penalties may be cruel, but they are not unusual in the constitutional sense, having been employed in various forms throughout our Nation's history."

Critics argue that the Harmelin opinion sidestepped the proportionality requirement created in earlier High Court cases and threw into doubt the standard for cruel and unusual punishment. Under Harmelin, proportionality is not required; what is relevant is whether the punishment has been used in the United States in the past. If it has been used, it is not unusual, and therefore not violative of the Cruel and Unusual Punishment Clause.

Because lawmakers can change laws, the list of acts that warrant punishment is not static. Before the twentieth century, many acts, such as Sodomy, adultery, and premarital sex were punished with prison terms. In most states either these acts are no longer illegal or the laws prohibiting them are no longer enforced. Possession of most psychotropic substances was not punished until the late nineteenth and early twentieth centuries. The manufacture, sale, and transportation of alcohol was punished in the United States from 1919 to 1933 (see Prohibition).

Some acts have always been illegal, but the level of punishment inflicted for the crime has fluctuated. Drunk driving, for example, is punished more severely in the early 2000s than it was before the 1970s. The possession of a small amount of marijuana used to warrant a long prison term in most jurisdictions, but modern statutes limit the punishment for this crime to monetary fines and Probation.

In assigning punishment for drug offenses, most laws differentiate between distribution and possession. State and federal statutes generally punish the selling or distribution of drugs more severely than possession. Repeat possession violators may receive short-term incarceration, but long prison terms are usually reserved for purveyors of illicit drugs. Lawmakers may vary the punishment within the same offense for different forms of the same drug. Possession of crack cocaine in most states and in the federal system, for example, is punished more harshly than possession of powder cocaine.

Before the Civil War, many states in the South had separate statutory codes for slaves, which imposed more severe punishment on slaves than on free persons. For example, any attempt by a slave to commit a crime punishable by death was punished with death, but free persons were not put to death for attempts. Also, the range of acts punished under slave codes was wider than that punished under the statutory codes for free persons.

Since the end of the Civil War, statutory codes in all states have purported to punish all persons equally. However, the unfairness concerning who gets punished has not disappeared. Many analysts of punishment in the United States cite the disproportionate number of African Americans in prisons as proof of Selective Prosecution and punishment. Scholars and others have also questioned a system that punishes drug offenses more harshly than violent offenses. Critics also note disparities between punishment of impoverished persons and punishment of wealthy persons, noting that poor defendants are punished more harshly because they do not have the resources necessary to mount a vigorous defense to criminal charges.

The United States relies primarily on incarceration as punishment. However, many states have sought alternatives to incarceration. Many states use short-term boot camps to rehabilitate first-time offenders. These highly regimented camps are intended to give offenders the discipline and respect for authority necessary to succeed in society. Other states and localities are experimenting with alternatives to imprisonment for drug offenders, such as treatment, probation, and work requirements. Others have supplanted long periods of confinement with a small dose of public humiliation and a variety of deprivations.

In Nevada, for example, a person convicted of one drunk driving offense may be ordered to perform 48 hours of community service dressed in clothing that identifies the person as a drunk driving offender. Additionally, the defendant is deprived of his or her driver's license for 90 days; ordered to pay a fine ranging from $200 to $1,000; and required to attend, at the defendant's own expense, an alcohol abuse education course.

Further readings

Beccaria, Cesare. 1996. Of Crimes and Punishments. New York: Marsilio.

Denno, Deborah W. 1994. "Is Electrocution an Unconstitutional Method of Execution? The Engineering of Death over the Century." William and Mary Law Review 35.

Fletcher, Betty B. 1995. "The Death Penalty in America: Can Justice Be Done?" New York University Law Review 70.

Gutterman, Melvin. 1992. "Prison Objectives and Human Dignity: Reaching a Mutual Accommodation." Brigham Young University Law Review (fall).

Jackson, Bernard S. 1995. "Modelling Biblical Law: The Covenant Code." Chicago-Kent Law Review 70.

Johnson, Paula C. 1995. "At the Intersection of Injustice: Experiences of African American Women in Crime and Sentencing." American University Journal of Gender and Law 4.

Kittrie, Nicholas N., and Elyce H. Zenoff. 2002. Sentencing, Sanctions, and Corrections: Federal and State Law, Policy, and Practice. 2d ed. New York: Foundation Press.

Petersen, Scott K. 1993. "The Punishment Need Not Fit the Crime: Harmelin v. Michigan, and the Eighth Amendment." Pepperdine Law Review 20.

Sendor, Benjamin B. 1996. "The Relevance of Conduct and Character to Guilt and Punishment." Notre Dame Journal of Law, Ethics and Public Policy 10.

Spohn, Cassia C. 2002. How Do Judges Decide?: The Search for Fairness and Justice in Punishment. Thousand Oaks, Calif.: Sage Publications.

Cross-references

Criminal Law; Drugs and Narcotics; Racketeering; Salem Witch Trials; Sentencing; Slavery.

right not to be subject to torture

or

to inhuman

or

degrading treatment

or

punishment

see HUMAN RIGHTS.

PUNISHMENT, crim. 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.
2. The right of society to punish, is derived by Becoaria, Mably, and some others, from a supposed agreement which the persons who composes the primitive societies entered into, in order to keep order and, indeed, the very existence of the state. According to others, it is the interest and duty of man to live in society; to defend this right, society may exert this principle in order to support itself, and this it may do, whenever the acts punishable would endanger the safety of the whole. And Bentham is of opinion that the foundation of this right is laid in public utility or necessity. Delinquents are public enemies, and they must be disarmed and prevented from doing evil, or society must be destroyed. But, if the social compact has ever existed, says Livingston, its end must have been the preservation of the natural rights of the members and, therefore the effects of this fiction are the same with those of the theory which takes abstract justice as the foundation of the right to punish; for, this justice, if well considered, is that which assures to each member of the state, the free exercise of his rights. And if it should be found that utility, the last source from which the right to punish is derived, is so intimately united to justice that it is inseparable from it in the practice of law, it will follow that every system founded on one of these principles must be supported by the others.
3. To attain their social end, punishments should be exemplary, or capable of intimidating those who might be tempted to imitate the guilty; reformatory, or such as should improve the condition of the convicts; personal, or such as are at least calculated to wound the feelings or affect the rights of the relations of the guilty divisible, or capable of being graduated and proportioned to the offence, and the circumstances of each case; reparable, on account of the fallibility of human justice.
4. 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; vide Penitentiary; whipping, in some states, though to the honor of several of them, it is not tolerated in them; banishment and death.
5. The punishments which are not corporal, are fines; forfeitures; suspension or deprivation of some political or civil right deprivation of office, and being rendered incapable to hold office; compulsion to remove nuisances.
6. The object of punishment is to reform the offender; to deter him and others from committing like offences; and to protect society. Vide 4 Bl. Com. 7 Rutherf. Inst. B. 1, ch. 18.
7. Punishment to be just ought to be graduated to the enormity of the offence. It should never exceed what is requisite to reform the criminal and to protect society; for whatever goes beyond this, is cruelty and revenge, the relic of a barbarous age. All the circumstances under which the offender acted should be considered. Vide Moral Insanity.
8. The constitution of the United States, amendments, art. 8, forbids the infliction of "cruel and unusual punishments."
9. It has been well observed by the author of Principles of Penal Law, that "when the rights of human nature are not respected, those of the citizen are gradually disregarded. Those eras are in history found fatal to liberty, in which cruel punishments predominate. Lenity should be the guardian of moderate governments; severe penalties, the instruments of despotism, may give a sudden check to temporary evils, but they have a tendency to extend themselves to every class of crimes, and their frequency hardens the sentiments of the people. Une loi rigoureuse produit des crimes. The excess of the penalty flatters the imagination with the hope of impunity, and thus becomes an advocate with the offender for the perpetrating of the offence." Vide Theorie des Lois Criminelles, ch. 2; Bac. on Crimes and Punishments; Merl. Rep. mot Peine; Dalloz, Dict. mot Peine and Capital crimes.
 10. Punishments are infamous or not infamous. The former continue through life, unless the offender has been pardoned, and are not dependent on the length of time for which the party has been sentenced to suffer imprisonment; a person convicted of a felony, perjury, and other infamous crimes cannot, therefore, be a witness nor hold any office, although the period for which he may have been sentenced to imprisonment, may have expired by lapse of time. As to the effect of a pardon, vide Pardon.
 11. Those punishments which are not infamous, are such as are inflicted on persons for misdemeanors, such as assaults and batteries, libels, and the like. Vide Crimes; Infamy; Penitentiary.

punishment


  • noun

Synonyms for punishment

noun penalizing

Synonyms

  • penalizing
  • discipline
  • correction
  • retribution
  • what for
  • chastening
  • just deserts
  • chastisement
  • punitive measures

noun penalty

Synonyms

  • penalty
  • reward
  • sanction
  • penance
  • comeuppance

noun beating

Synonyms

  • beating
  • abuse
  • torture
  • pain
  • victimization
  • manhandling
  • maltreatment
  • rough treatment

noun rough treatment

Synonyms

  • rough treatment
  • abuse
  • maltreatment

Synonyms for punishment

noun something, such as loss, pain, or confinement, imposed for wrongdoing

Synonyms

  • castigation
  • chastisement
  • correction
  • discipline
  • penalty

Synonyms for punishment

noun the act of punishing

Synonyms

  • penalisation
  • penalization
  • penalty

Related Words

  • social control
  • chastisement
  • castigation
  • corporal punishment
  • cruel and unusual punishment
  • detention
  • discipline
  • correction
  • economic strangulation
  • imprisonment
  • medicine
  • music
  • self-punishment
  • stick
  • self-abasement
  • self-mortification
  • penance
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