Case Against Punishment: Retribution, Crime Prevention, and the Law

• NCJ Number: 208309
• Author(s): Deirdre Golash
• Date Published: 2005
• Length: 226 pages
• Sale Source: New York University Press
• Publication Format: Book (Hardbound)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Drawing on both empirical evidence and philosophical reasoning, this book argues that the harm done by punishing criminal offenders is morally and practically unjustified.

Abstract

The author states that punishment, at its core, is "the deliberate infliction of harm in response to wrongdoing." When perpetrated on others by persons with good intentions, punishment is viewed as a means of changing negative behaviors by associating them with undesirable and painful consequences for the actor. It is under such a rationale that in recent years sentencing has become harsher, and more and more individuals have been imprisoned and for longer periods. This book reviews the history of the concepts of punishment and the justification for it as a deterrent, incapacitation that prevents crime, and rehabilitation that reforms criminal behavior. Philosophical justifications for punishment are examined as the establishment of moral order, retribution as an essential element of moral choice, punishment as self-defense, and punishment as communication. In counteracting the justifications for punishment as a correctional policy, this book argues that the infliction of pain and oppression on an offender constitutes the perpetration of a crime against the offender and cannot be viewed as edifying for the offender any more than the offender's crime can be viewed as rehabilitative for his/her victim. Punishment, it is argued, perpetuates the very criminogenic experiences and conditions that foster and perpetuate criminal behavior. The book favors directing public resources toward addressing social problems associated with high crime rates, such as income inequality and local social disorganization. Individual criminal acts should be addressed through trial, conviction, and compensation to the victim, followed by the structuring of opportunities for the offender to reconcile with society and develop positive behaviors through programs and interactions proven to spawn responsible and constructive behaviors. Chapter notes, a 252-item bibliography, and a subject index