NCJ Number
73822
Date Published
1980
Length
215 pages
Annotation
Justifications for punishment including retributive, reductive, and denunciatory orientations are examined, and other moral questions posed by modern systems of law enforcement are discussed.
Abstract
Initially, the content of criminal law is discussed from the viewpoints of pragmatic and moralist theorists in the 18th, 19th, and 20th centuries. Justifications for inflicting penalties are categorized as retributive when the offender deserves punishment, reductive when penalties deter or remove offenders from society, and denunciatory when a penalty declares that society will not tolerate certain conduct. Problems posed by all three interpretations are examined, and it is concluded that denunciation does not constitute an independent justification and neither the reducer nor the punisher can be discredited completely. The discussion of offender treatment dismisses many criticisms as being academic but maintains that treatment programs provide some hope to prisoners and corrections staffs, although such programs should be continually scrutinized. Deterrents are considered from the perspective of effectiveness, with evidence suggesting that extreme penalties are no less effective than slightly less extreme ones, and that deterrence works in many real-life situations. The justification for punishment of protecting society from dangerous individuals encounters difficulties with regard to detaining people longer than penal aims require. Detention should be considered a last resort when noncustodial measures are not appropriate. An exploration of many grounds upon which sentencers reduce or increase the severity of imposed penalties includes exemplary sentences, age, ignorance of the law, criminal record, plea bargaining, professionalism, and the victim's forgiveness. Several suggestions are outlined which propose a consistent policy to control the stigmatic effects of court convictions, with particular emphasis on juveniles. Following a critical analysis of the concept of offenders' rights, the concluding chapter cautions against general theories which try to explain all crime and deviance and the idea that a simple coherent justice system will solve all moral and law enforcement problems. Over 100 references, footnotes, and index are provided.