NCJ Number
11114
Date Published
1972
Length
275 pages
Annotation
ARTICLES PRESENTING ARGUMENTS FOR THE JUSTIFICATION OF PUNISHMENT AND ATTEMPTS TO RECONCILE DISCREPANCIES AMONG COMPETING VIEWS.
Abstract
EXPRESSED OR IMPLIED, MOST EXERCISES OF DISCRETION BY POLICE, PROSECUTORS, JUDGES, AND PAROLE BOARD MEMBERS, ARE DETERMINED BY THEIR VIEWS OF THE PURPOSES OF PUNISHMENT IN GENERAL, AS WELL AS IN EACH PARTICULAR CASE. AS THE WHOLE SYSTEM OF CRIMINAL JUSTICE IS EXAMINED, IT BECOMES OBVIOUS THAT DIFFERENT PURPOSES ARE PURSUED FOR DIFFERENT CRIMES AND AT DIFFERENT LEVELS OF THE SYSTEM. THIS COLLECTION OF THIRTY PAPERS BY SUCH SCHOLARS OF LAW, PHILOSOPHY, AND THE SOCIAL SCIENCE AS NIGEL WALKER, HERBERT PACKER, C. S. LEWIS, AND DR. KARL MENNINGER, PROVIDES A COMPREHENSIVE AND THOUGHTFUL OVERVIEW OF OUR MULTI-PURPOSIVE SYSTEM OF PUNISHMENT. THE PAPERS ARE ARRANGED INTO SIX CHAPTERS, FOUR OF WHICH CONFORM WITH THE CLASSICAL DISTINCTIONS AMONG PURPOSES FOR PUNISHMENT DEVELOPED OVER THE LAST TWO CENTURIES. THE FIRST THEORY, RETRIBUTION, HOLDS THAT THE PRIMARY JUSTIFICATION FOR PUNISHMENT IS THAT AN OFFENSE HAS BEEN COMMITTED WHICH DESERVES PUNISHMENT. THE SECOND THEORY, DETERRENCE, CAN BE DEFINED AS THE RESTRAINT WHICH FEAR OF CRIMINAL PUNISHMENT IMPOSES ON THOSE WHO WOULD OTHERWISE COMMIT CRIMES. THE SOCIAL DEFENSE THEORY AVERS THAT CRIMINALS ARE PUNISHED TO PROTECT SOCIETY. THE REHABILITATION THEORY SEEKS THE REFORMATION OF THE INDIVIDUAL THROUGH THE USE OF PUNISHMENT OR A REGIME OF SOCIAL OR PSYCHOLOGICAL THERAPY. AN INTRODUCTORY CHAPTER ON THE BASIC ELEMENTS OF CRIMINAL LAW PROVIDES A CONTEXT IN WHICH THE READER CAN VIEW THE ARGUMENTS. THE EDITORS HAVE PROVIDED CONCISE COMMENTARIES AS AN INTRODUCTION TO EACH CHAPTER. THE FINAL SECTION OF THE BOOK IS A GROUP OF PAPERS DEVOTED TO THE THEME OF CREATING A WORKING UNITY AMONG THE CONFLICTING VALUES ATTACHED TO PUNISHMENT. (SNI ABSTRACT)