NCJ Number
92675
Date Published
1983
Length
161 pages
Annotation
Prison terms should be imposed only on the hardcore of repeat and truly violent offenders; all other crimes should be punished in public through the administration of temporary physical pain, such as electric shocks or in cases where the victims were terrified and humiliated, a whipping.
Abstract
The text explores a wide range of punishment possibilities, the types of pain they cause, and arguments that corporal punishment is barbaric. The author then demonstrates that the acute punishment by electric shock is superior in every respect to prison since it can be controlled scientifically in terms of duration and intensity and does not discriminate against minorities. A system of punishing only crimes, not criminals, is proposed for property crimes and some minor crimes of violence. The overall scheme calls for prison terms of 15 years for the first incarceration and life if the individual recommits after the first prison sentence. The decision to incarcerate thus becomes very serious and depends on many factors, the most important being how much money the public is willing to spend incarcerating repeat offenders. The book criticizes the claim that judges' discretion is the cause of sentencing disparities as well as the Supreme Court's arguments against the use of corporal punishment on the grounds it is cruel and unusual. It maintains that retribution still stands as the most morally justifiable reason to punish and that pain cannot be assumed to be evil or is necessarily equated with torture. The final sections analyze research on the deterrent effects of acutely painful punishment and present guidelines for a system of corporal punishment. Notes and an index are included.