NCJ Number
85004
Date Published
1981
Length
222 pages
Annotation
This book examines major arguments relating to punishment, shows how these arguments relate to the implementation of justice, and discusses how a penal system would operate if any of those arguments dominated.
Abstract
The underlying assumption of the discussion is that punishment is an integral part of formal and informal social control in our society, and because it involves the inflicting of various forms of suffering, requires justification. Further, it is assumed that the primary duty of the court is to punish offenders, and unless this is acknowledged, the prospects for criminology generally and penal reform specifically remain in doubt. The subject is approached from a philosophical perspective, and it is shown how adherence to a particular philosophical position leads to certain criminological perspectives. Three of the major theories of punishment -- retribution, rehabilitation, and deterrence -- are examined and related to the concept of justice. The punishment of juveniles is explored because it is an area where significant confusion exists about the nature of punishment. Some of the injustices created by the desire to improve young offenders as well as punish them are identified. Other modern developments in the penal system are considered, and many shortcomings in current criminological thinking, particularly in relation to rehabilitation, are highlighted. The book is intended primarily for social philosophers, criminologists, and workers in the field of children's rights and juvenile justice. About 200 bibliographic entries are provided. (Publisher summary modified)