NCJ Number
122184
Editor(s)
F E Baumann,
K M Jensen
Date Published
1989
Length
132 pages
Annotation
This document contains several articles that examine the legal and psychological forces behind retribution as a reason for sentencing.
Abstract
While some reformers try to discredit the legitimacy of retribution as a reason for sentencing, experienced prosecutors point out its effectiveness in deterring crime. Retribution reflects the feelings and motivations of the community at large and therefore has a justifiable place in sentencing, despite the protestations of some social scientists. The views of Kant and Aristotle on the relationship of anger to retribution are discussed. Moral science, not social science, should play a greater part in the criminal justice system. However, retribution must reflect the integrity of a judicial system that gathers evidence and devises and maintains punishments that are consistent and fair.