NCJ Number
2351
Date Published
1970
Length
202 pages
Annotation
A CLARIFICATION AND ASSESSMENT OF CLASSICAL AND CONTEMPORARY ATTEMPTS TO GIVE MORAL JUSTIFICATION FOR THE PRACTICE OF PUNISHMENT.
Abstract
RETRIBUTIVISM, THE DOCTRINE THAT WHAT WE DO TO OFFENDERS IS JUSTIFIED BECAUSE THEY DESERVE IT, IS ARGUED TO BE INTELLIGIBLE-WHICH IS OFTEN DENIED-YET INDEFENSIBLE. THE DETERRENCE THEORY, THAT PUNISHMENT IS RIGHT SIMPLY BECAUSE IT PREVENTS MORE OFFENSES, IS REJECTED AS HAVING AN UNACCEPTABLE CONSEQUENCE, THAT CERTAIN PERSONS MAY BE VICTIMIZED. THAT WE PUNISH SIMPLY BECAUSE IT REFORMS, IS ALSO DISMISSED, AS ARE SEVERAL RECENT VERSIONS OF THE THEORY WHICH RECOMMEND TREATMENT RATHER THAN PUNISHMENT. THEY HAVE A DISABILITY RELATED TO THAT OF THE DETERRENCE THEORY. THERE IS A CLOSE EXAMINATION OF CONTEMPORARY COMPROMISES-FOR EXAMPLE, ATTEMPTS TO JUSTIFY PUNISHMENT ON THE GROUNDS THAT IT BOTH DETERS AND IS DESERVED-AND A SPECULATION ABOUT THE BEST THAT CAN BE SAID FOR PUNISHMENT. THE PROBLEM OF HUMAN FREEDOM AND DETERMINISM, RELATED IN SEVERAL WAYS TO THE BOOK'S MAIN CONCERN, IS TREATED, AND THERE IS A CRITICAL AND CONSTRUCTIVE CONSIDERATION OF WHAT PRINCIPLES SHOULD DETERMINE WHAT BEHAVIOR IS TO BE PUT BEYOND THE REACH OF CRIMINAL LAW. (AUTHOR ABSTRACT)