Philosophical Phun - Punishment

The concept of punishment during the past half-century has shown a marked drift away from efforts to reform and rehabilitate offenders in favor of retribution and incarceration. Punishment in its very conception is now acknowledged to be an inherently retributive practice, whatever may be the further role of retribution as a (or the) justification or goal of punishment.

Justifying the practice or institution of punishment must be kept distinct from justifying any given act of punishment.

• Justification of the practice itself has reference to multiple considerations — social purposes, values, or goals of the community in which the practice is rooted.
• The infliction of punishment is normally intended to cause, and usually does cause, some form of deprivation for the person being punished, the infliction of punishment provides unparalleled opportunity for abuse of power.

To justify punishment we must specify, first, what our goals are in establishing (or perpetuating) the practice itself. Second, we must show that when we punish we actually achieve these goals. Third, we must show that we cannot achieve these goals unless we punish (and punish in certain ways and not in others) and that we cannot achieve them with comparable or superior efficiency and fairness by nonpunitive interventions. Fourth, we must show that striving to achieve these goals by way of the imposition of deprivations is itself justified.

The entire argument for the justification of punishment unfolds in the belief that alternative, non-punitive methods of social control have been examined and rejected (or severely limited in scope) on the ground that they will not suffice — or will not work as well as punitive methods in securing compliance with just laws.

As the prisons in our states and country continue to fill, and due to budget constraints, we start to release convicted persons early (regardless of whether they have earned their release), I think it is time for us to truly examine our philosophy regarding punishment and incarceration.  To me, we need to stop sending minor offenders off to prison, especially with few programs to help rehabilitate them, and go for more inclusive and developmental programs.  Give treatment to a first time drug offender instead of sending them away for a minimum sentence.  Put a young man convicted of non-felonous theft into a mandatory training program and on house release instead of locking them up.  These types of actions will help make them contributing members to society much sooner than sending them away for hard lessons.  

For non-violent offenders, I am in favor of rehabilitation instead of incarceration.  It is cheaper, smarter, and more humane.

However, for violent offenders, or habitual offenders, I am much more of the mind set to send them away for a long time (do the crime - serve the time), no appeals, no good behavior, no special priviledges.

What are your thoughts?

 

For full discussion, click through to Stanford Encyclopedia of Philosophy.