NCJ Number
73623
Journal
Israel Law Review Volume: 14 Issue: 4 Dated: (1979) Pages: 427-443
Date Published
1979
Length
17 pages
Annotation
A University of Pennsylvania professor of sociology and law discusses Western society's changing penal philosophy, with emphasis on the shift from rehabilitation to retribution, in a paper presented at The Hebrew University of Israel.
Abstract
Historically, the major purposes of punishment have been retribution, expiation, deterrence, reformation, and the protection of society. The current conviction about crime and punishment represents a neoclassical revival, with emphasis on just deserts. It may be argued that society cannot deter, rehabilitate, or properly predict future dangerousness or violent behavior. The best predictor of criminal violence is past criminal violence, but even this indicator is faulty in that it overpredicts violence. Justice requires equity, with precise penalties specified in advance, as reflected in the just deserts method of sentencing. General deterrence of individuals may be an unexpected benefit of method implementation, but it is not the purpose of punishment. Just deserts may also mean justice for the victim through restitution or compensation as well as just deserts for the offender. Rehabilitation efforts will continue, but in a noncoercive style. Imprisonment should be used as infrequently as justice can design, and humane concern for victims must be emphasized. In short, just deserts as retribution is the most current trend that is supported by science and ethics. Twenty-eight footnotes are included. (Author abstract modified).