Theories of Punishment

Question 1

What are the theories of punishment?

Answer 1

• Deterrence (general & specific)
• Rehabilitation
• Incapacitation
• Retribution

Question 2

Issues w/ Retribution

Answer 2

• Over-inclusive, meaning it doesn’t always match the severity of the punishment to the gravity of the offense.
• Doesn’t account for underlying structural causes of harm (This goes to culpability)

Subjectivity of determining culpability
- Considerations of administrability and fairness -Depends on the judge weighing factors of culpability (criminal history, drug use, community connections, etc.)