Most people accept that there are consequences for criminal conduct. The consequences are generally unpleasant and extract from the law breaker either his liberty or his property. Once someone is found guilty of a crime, either a felony or a misdemeanor, punishment is imposed.
There is not a single reason to impose a penalty. The reasons for punishing law breakers are varied, and in some instances the reason may vary with the crime. Each reason has it own purpose The principal reasons are:
- Retribution or Revenge
- Deterrence/Public Education
- Incapacitation
- Rehabilitation
Retribution or Revenge
A crime is considered an act that not only injures the specific victim, but also harms society at large. A person's harmful acts may outrage the society as a whole. This gives rise to a desire for revenge, and punishing the criminal tends to satisfy that need.
Additionally, having a person punished by society provides some measure of revenge for the specific victim of the act. If society provides an adequate punishment, the need for an individual to seek revenge personally is diminished and providing incentive to seek retribution through law enforcement.
Deterrence/Public Education
Imposing a penalty for a criminal act is also intended to deter that person from repeating the act. If the penalty is significant enough, the law breaker will think twice before doing it again. Also, when the penalties are well known and there is public dissemination of penalties for a particular crime, it is expected that others who might contemplate the crime would be deterred from engaging in the prohibited activity.
When there is a trial, sentencing and punishment imposed, there is often attendant publicity. This publicity is part of the deterrent factor in imposing a criminal penalty. Deterrence is frequently an argument used to support the death penalty.
An extreme example of criminal punishment to achieve the goals of retribution, revenge and deterrence is crucifixion.
Incapacitation
Jail or prison terms generally lengthen with the seriousness of the crime. The longer sentences serve the ends of revenge and deterrence, and also serve another purpose. The longer a person is in custody, the less opportunity that person has to commit new crimes. This is particularly true of repeat offenders, which is why there has been a movement toward laws known as three strikes which impose long prison terms or even life sentences on individuals with multiple convictions.
When an offender has not been deterred by prior penalties, protection of potential victims from that offender becomes an important consideration. Long jail or prison terms for individuals with multiple DUI’s are becoming common as a protection for society. At some point it is in society’s interest to protect itself by a certainty that a dangerous person is unable to harm others and incapacitation through custody serves that interest.
Rehabilitation
There is also a value that every human life has meaning and worth, that there is a spark of good in everyone, even those who have chosen to break the laws of society. With that thought in mind, places that were previously known as jail or prison have become Departments of Correction.
Some rehabilitation may come from within a person who is incarcerated. Criminals who are imprisoned may evaluate their actions and reshape their behavior so that when their liberty is restored they are able to conform their actions to the boundaries of the law. Often programs are offered to offenders to assist in dealing with certain problems. Participation in programs such as drug and alcohol counseling or domestic violence education serves to potentially rehabilitate an individual.
Involvement in such programs is often a condition of either continued freedom or reduction of jail time.
David J. Shestokas - Mr. Shestokas is a former prosecutor & writes on the Constitution & legal issues for the Save America Foundation & Suite 101.
Join the Conversation