NCJ Number
182538
Date Published
1999
Length
23 pages
Annotation
This paper examines how a policy of punishment as an accepted facet of criminal justice impacts young offenders.
Abstract
At least five sets of questions about society's reliance on punishment should be asked before sentences are imposed on young offenders. First, is punishment an immutable part of society, and how would the development of alternative or restorative measures be explained if the answer is, "No"? Second, is there agreement, whatever other problems punishment may raise, on how it should be defined? This involves distinguishing between punishment and torture and determining whether distinctions shift when young offenders are involved. Third, can punishment be justified once it is identified, whether in terms of its social utility or on other philosophical or moral grounds? This involves determining what kinds and degrees of punishment achieve the stated goals of sentencing and whether these vary for young offenders. Fourth, can various forms of punishment be rationally compared? For example, can the death sentence be compared with probation as a sentence? Further, how does the quest for justice explain varying degrees of punishment for similar criminal behaviors. Finally, is punishment a matter between only the legal authorities and the offender? Should the victim be involved in determining punishment, and does the punishment of either young offenders or their parents really help victims?