NCJ Number
140254
Journal
Harvard Civil Rights-Civil Liberties Law Review Volume: 27 Issue: 2 Dated: (Summer 1992) Pages: 575-655
Date Published
1992
Length
81 pages
Annotation
Since the failure of the 1970's rehabilitative model of punishment to reduce crime, policymakers have abandoned it in favor of the obedience model. This model is rooted in utilitarian logic, with the purpose of using punishment as a means of effecting crime control by deterring future offenders, incapacitating criminals, and satisfying society's desire for retribution.
Abstract
The seemingly conflicting phenomena of Federal sentencing reform, the intensified war on drugs, and strict anti-crime laws have formed the basis for this transformation of correctional objectives; despite challenges, the Federal courts have found that current manifestations of the obedience model meet Constitutional criteria. This article outlines a philosophical framework for understanding the trend and describes the major features of a utilitarian punishment model. Two critiques of utilitarian punishment, put forth by Kantian liberals and progressive social determinists, are summarized. The second section of the article analyzes the various statutes which have provided the text for the shift in punishment theory including, inter alia, the Federal Sentencing Reform Act of 1984, the 1986 Anti-Drug Abuse Act, and the 1991 Crime Bill, pointing out each law's subscription to the obedience model of punishment. This discussion of the utilitarian justifications for current policy changes questions the effectiveness of the obedience model and notes its potential weaknesses. The final section addresses the question of whether the obedience model's focus on crime control sufficiently respects each offender's unique rights and position within society. The authors propose the implementation of a moral system which would correlate punishment to an offender's culpability by taking into account the societal constraints he has confronted when determining the type and severity of punishment. 363 notes