Criminal Law: Principles of Punishment

state imposed punishments

fines, probation, execution, ancillary punishment (social stigma), mass incarceration, prison sentences

Utilitarianism

Justification of punishment that believes justification lies in the useful purposes that punishment seeks (future oriented)

What are the functions of utilitarianism?

deterrence, rehabilitation, incapacitation, legitimization of legal systems, norm reinforcement and expression, restitution

Retributivism

If a defendant has engaged in wrongdoing, they deserve to be punished. It doesn’t matter how it benefits society.

Negative retribution

We cannot punish someone unless he has done something wrong.

Positive retribution

We MUST punish someone if they have done something wrong. Wrongdoing makes punishment essential.

What are some reasons not to punish?

cost, having to pay probation officers, criminal education that puts people in prison, the loss to society, risk of substitution (behavior might be replaced by worse behavior)