Topic > Essay on Five Elements of Punishment - 702

In terms of this element, I will agree with it. I believe that an impartial party, such as a judge or jury, should impose punishment on the offender. It would not need to be the victim or his family as the punishment would tend to be more unfair. The final element of punishment, according to HLA Hart (Brody & Acker, 2010, p.2), is that punishment must be imposed and administered by an authority constituted by the legal system in which the crime was committed. We would not want the mob or a drug cartel to impose punishment on others who a legal system has found them guilty of a crime. Therefore, the punishment imposed must be a neutral party with no evidentiary benefit from the imposition of the punishment. While HLA Hart's five elements of punishment helped eliminate some of the more trivial issues involved, they did not clarify the more modern implications. For example, when it came to punishment, the items did not specify how long it would take to impose a punishment. According to Robinson (2011, p.1093), imposing a punishment months or years after an alleged illegal act has occurred does little to deter the occurrence of future crimes. Thus bringing the entire penal system to its knees