NCJ Number
51721
Date Published
1976
Length
7 pages
Annotation
VARYING PHILOSOPHIES OF THE PURPOSE OF SENTENCING ARE DISCUSSED FROM A HISTORIC PERSPECTIVE, A SYNTHESIS IS PROPOSED, AND COMMUNITY INVOLVEMENT IN OFFENDER REHABILITATION IS ADVOCATED.
Abstract
THE HISTORY OF SOCIETY'S REACTION TO THE CRIMINAL OFFENDER IS VIEWED AS HAVING THREE PHASES: (1) THE PERIOD FROM EARLIEST TIMES TO ABOUT THE MIDDLE OF THE 18TH CENTURY, WHEN REVENGE BELIEVED TO MATCH OR EXCEED THE PAIN OR LOSS CAUSED BY THE OFFENDER WAS THE PURPOSE OF SENTENCING; (2) THE LATE 18TH AND 19TH CENTURIES, WHEN IMPRISONMENT AS THE PREDOMINANT SENTENCE WAS DEEMED TO SHOW CONCERN FOR THE OFFENDER IN COMPARISON TO PREVIOUS CRUELTIES; AND (3) THE PRESENT PHASE, WHICH EMPHASIZES THE USE OF A VARIETY OF TREATMENT APPROACHES TO HELP THE OFFENDER CHANGE FOR A SATISFACTORY ADJUSTMENT TO SOCIETY. REASONS FOR THESE PHASES ARE DISCUSSED. THE USE OF SENTENCES AS A MEANS OF INFLICTING PAIN ON THE OFFENDER IS ATTRIBUTED TO THE CLASSICAL VIEW THAT HUMAN BEINGS ARE MORALLY RESPONSIBLE AND FREE IN THEIR CHOICE OF BEHAVIORAL ALTERNATIVES AND SOCIAL BEHAVIOR CAN BE CONTROLLED BY PROVIDING PRECISE MEASURES OF PAIN IN ASSOCIATION WITH SPECIFIC UNDESIRABLE BEHAVIOR. THE POSITIVISTIC SCHOOL SEES PUNISHMENT AND PAIN AS BEING INEFFECTIVE IN CHANGING CRIMINAL BEHAVIOR. VARIOUS POSITIVE CONDITIONING STRATEGIES ARE CONSIDERED MORE EFFECTIVE IN REDUCING AND TERMINATING MALADAPTIVE BEHAVIOR. A SYNTHESIS OF THESE VIEWS IS OFFERED WHEREBY SENTENCING DOES BY ITS DEGREE OF SEVERITY ATTACH CONSEQUENCES TO BEHAVIOR CONSIDERED DESTRUCTIVE, WHILE AT THE SAME TIME PROVIDING CAREFULLY DESIGNED PROGRAMS FOR OFFENDERS SO BEHAVIOR CAN BE MODIFIED. COMMUNITY SUPPORT OF OFFENDERS IN THEIR EFFORTS TO REVISE MALADAPTIVE BEHAVIOR AND FUNCTION SUCCESSFULLY WITHIN THE NORMATIVE PATTERNS OF SOCIETY IS ADVOCATED AND BRIEFLY DISCUSSED. (RCB)