NCJ Number
114997
Journal
Wayne Law Reivew Volume: 33 Issue: 4 Dated: (Summer 1987) Pages: 1413-1421
Date Published
1987
Length
9 pages
Annotation
Punishments that appear disproportionate to the crime are not unjust to the offender, who knowingly volunteered to risk the punishment; however, a rational system of punishments should be based on the concepts of justice and crime control.
Abstract
Punishments are intended to deter crime and to do justice to those who were not deterred. For some offenses, deterrence requires harsher threats than those called for by justice, and other crimes may be so outrageous that they call for more retribution that what is needed to deter. Retribution and deterrence may thus require different punishments. Harsh penalities are never unjust to the offender, who knowingly undertook the risk of being punished, but they may not do justice to the crime. A rational punishment system must reflect what society currently regards as deserved in relation to the perceived seriousness of the crime and, to a lesser extent, the perceived culpability of the offender. It must also reflect a decision regarding the incentives and disincentives that society wants to provide to potential criminals as they consider engaging in illegal activities, although research has not determined the precise deterrent effects of specific punishments.