NCJ Number
49548
Date Published
1978
Length
17 pages
Annotation
THE QUESTION OF WHETHER RESTITUTION AS A PRACTICE CAN BE RECONCILED WITH THE THEORY OF RETRIBUTIVE PUNISHMENT IS EXAMINED.
Abstract
A HISTORICAL ANALYSIS OF SENTENCING PRACTICES SUGGESTS A TREND TOWARD AN ACCEPTANCE OF RETRIBUTION AS JUSTIFICATION FOR CRIMINAL SENTENCING AND CORRECTION. THE DECLINE OF THE VICTIM'S IMPORTANCE IN THE CRIMINAL JUSTICE SYSTEM IS TRACED IN ENGLISH HISTORY FROM THE DECLINE OF FEUDALISM WHEN PRIVATE DISPUTE SETTLEMENT GAVE WAY TO THE PUBLIC CRIMINAL PROCESS TO LATER AMERICAN CRIMINAL JUSTICE, WHEN OFFENDERS WERE REGARDED AS VICTIMS OF THE SOCIAL SYSTEM. IN THE LATE 1970'S, CRIME VICTIMS HAVE REGAINED SOME IMPORTANCE IN THE JUDICIAL PROCESS. THEORIES OF RETRIBUTION-BASED PUNISHMENT ARE REVIEWED, AND THE NOTION OF RETRIBUTION AS REVENGE IS DISCUSSED. COMMON THEMES THAT EMERGE FROM THE THEORIES OF RETRIBUTIVE PUNISHMENT -- JUSTICE, MORALITY, EQUALITY, RESPONSIBILITY, A BACKWARD-LOOKING QUALITY, OFFENSE-BASED (AS OPPOSED TO OFFENDER-BASED) PUNISHMENT -- ARE NOTED. CONCEPTUAL AND PRACTICAL PROBLEMS THAT MAKE RETRIBUTION AND RESTITUTION LESS COMPATIBLE THAN IS IMMEDIATELY APPARENT ARE POINTED OUT. AMONG THE PRACTICAL PROBLEMS ARE ECONOMIC INEQUALITY AMONG OFFENDERS, THE POTENTIAL EFFECTS OF REPLACING PUNISHMENT WITH REPAYMENT OF INDIVIDUALS, AND DIFFERING EMPHASES UPON VICTIMS AND OFFENDERS IN RETRIBUTIVE AND RESTITUTIVE SYSTEMS. NOTES ARE INCLUDED. (LKM)