NCJ Number
126647
Journal
Criminal Law Forum Volume: 1 Issue: 2 Dated: (Winter 1990) Pages: 259-290
Date Published
1990
Length
32 pages
Annotation
Philosophers long have written about deserved punishment; penologists are now taking the idea of desert seriously as the criterion for deciding the severity of punishments. A gap exists, however, between the philosophical and the penological discussions.
Abstract
The philosophers have looked into the idea of desert chiefly to explain why the institution of punishment should exist at all. Penologists have assumed punishment's existence and have been interested in what guidance the desert concept gives in distributing sanctions. Expressive theories of deserved punishment best explain why punishments should be commensurate with the gravity of offenses. The expressive view can give some insight into how proportionality of sanctions should be assessed. Penal policy ultimately involves ethical choices. One can understand that policy best by thinking about the underlying ethical theory. 86 notes