NCJ Number
175389
Date Published
1989
Length
206 pages
Annotation
This analysis of corrections policies argues for a purely retributive approach and answers all the questions regarding a theory of punishment in terms of justice and desert.
Abstract
An introduction examines the issue of what punishment is, the philosophical problem of punishment, and philosophical theories of punishment. Bentham's utilitarian approach to punishment is next considered with respect to the principle of utility, the aims of punishment, the limits of punishment, the appropriate measure of punishment, and properties of punishment. The next chapter presents arguments against the utilitarian theory by focusing on ends and means in punishing, utilitarianism and justice, issues related to punishment of the innocent, and general problems with utilitarian approaches. Subsequent chapters examine Hegel's views of punishment as retribution, with emphasis on objective and subjective justifications and responses to arguments that retribution is vengeful, inapplicable, conservative, hypocritical, an odd right for an offender to have, and incompatible with mercy. A further chapter critically examines efforts to develop a middle way between utilitarianism and retributivism and concludes that none of these efforts has been entirely satisfactory. The next chapter examines how justice and just deserts are not meant merely negatively as constraints, but also positively as demands for punishment of the guilty and the full measure or proportion between the punishment and the offense. The final chapter examines capital punishment and concludes that a convincing argument does not exist regarding the need to abolish the death penalty under the prohibition of cruel and unusual punishment. Chapter notes, index, and 156 references