NCJ Number
130238
Date Published
1991
Length
45 pages
Annotation
This chapter examines the rationale for punishing criminal behavior and considers the nature of various defenses to criminal charges.
Abstract
The chapter first presents two court cases in which persons were convicted of murder and antitrust violations. The special circumstances of these cases are such that the appropriateness of punishment for the behaviors at issue is raised. An examination of the reasons for criminal punishment in general encompasses deterrence, incapacitation, rehabilitation, and retribution. An examination of the deterrent effect of punishment concludes that recidivism statistics show that a relatively small percentage of persons who are punished for crime are deterred from committing additional crimes. The study concludes that persons most likely to be deterred by the threat of punishment are those who have the capability of managing their lives in accordance with rational choices after assessing the consequences of alternative behaviors. The effectiveness of incapacitation is examined in terms of its overall reduction in crime. The effectiveness of rehabilitation is assessed regarding its role in achieving positive changes in an offender's behavior. Retribution is examined in terms of the dynamics of vengeance and its benefit for society. The discussion of defense to criminal charges addresses self-defense and necessity. 8 recommended readings