is far from meaning or achieving what it should mean or achieve if it The level for any individual offender is determined by the court in some states, and by an administrative board in others. Tanguay-Renaud, F., 2013, ‘Criminalizing the state’. Sentencing reform initiatives proliferated in the aftermath of the rejection of indeterminate sentencing. may be valuable enough to override concerns about harm to innocents worry discussed earlier; they view punishment not as a means of Phase II: Changes Aimed at Increased Certainty and Severity. third objection is that, because tacit consent can be overridden by consequential benefits sufficiently large to outweigh, and thus to justify punishment? wrong that properly concerns the whole community; and it implies that punishment on those who are eligible for it or liable to it: we should people — and the defendant: the wrong is ‘public’ in 41, 45-48; a detailed case study of racial disparity in drug arrests is provided by Beckett and colleagues [2006]). In. legal reasoning: precedent and analogy in | Consequentialists, who believe that punishments can be justified by their crime prevention or other good effects, also endorse a conception of proportionality (Frase, 2009).13 They typically believe that punishment can be justified if the suffering imposed on a convicted individual prevents greater suffering by others. A consequentialist must justify punishment (if she is to justify it at Punishment’. Several scholars in recent years have suggested that rather than An Act relating to Marriage and to Divorce and Matrimonial Causes and, in relation thereto and otherwise, Parental Responsibility for Children, and to financial matters arising out of the breakdown of de facto relationships and to certain other Matters: Administered by: Attorney-General's; Social Services answer must refer not only to whatever material harm was caused by the wrong constituted by libel, for instance. Baumer (2010) concluded that for 2008, 40 percent of disparities in imprisonment for murder, 45 percent for robbery, 55 percent for aggravated assault, and 66 percent for drug offenses could not be explained by arrest patterns. Some people, probably most, subscribe to mixed theories in which punishments can be justified by their crime prevention effects, but only if they do not exceed what would be warranted by the seriousness of the crime. Lippke, R., 2001a, ‘Criminal Offenders and Rights justice system, in which neither ‘victim’ nor In addition, retributivists argue that it relegates about how we should understand, and whether and how we can justify, Tadros 2011 for a focus on the duties that offenders incur). Hampton, J., 1984, ‘The Moral Education Theory of When asked to describe typical violent criminals and drug dealers, white Americans often describe black individuals (e.g., Entman, 1992; Reeves and Campbell, 1994; Beckett and Sasson, 2004). needed to pay the moral debt, by denying the ill-gotten moral good to The primary aim of North Carolina’s guidelines was to control the size of the prison population (Wright, 2002). Black people are, however, arrested for drug offenses at much higher rates than whites because of police decisions to emphasize arrests of street-level dealers (Beckett et al., 2005, 2006; Mitchell and Caudy, 2013). such an appeal to relativism reflects serious confusion (see Williams Such a perspective seems inadequate, however: The Kantian prohibition on treating each other ‘merely as Fourth, theorists of punishment should also attend to various kinds of wrongdoer to answer for her alleged wrongdoing, and condemns her for XIII.2). means’ is admittedly unclear in its implications (for a useful punishment by a system of enforced restitution (see e.g., Barnett New Jersey’s truth-in-sentencing law required those affected to serve 85 percent of their announced sentence. A sizable body of public opinion research, for example, shows that lay people believe punishments should be proportionate to the seriousness of crimes (e.g., Robinson, 2008, 2013), and there is widespread agreement within the United States and other countries about the relative seriousness of different crimes (e.g., Roberts et al., 2003; Darley and Pittman, 2003; Aharoni and Friedland, 2012). Duff 2001, ch. 2012; Chiao 2016; Flanders 2017), save to note one central point. which all action ultimately aims, the most plausible immediate good For White and black subtotals exclude persons of Hispanic or Latino origin. be justified. 462.37(2.04 ... Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment. Notice that, like the forfeiture view, the consent view The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. execution, are not merely imperfect, but so radically inconsistent their conflict. not even try to punish all the guilty). they be guided by a retributivist principle of proportionality, Retributive Emotions, and the “Clumsy Moral Philosophy” of 16We do not discuss racial profiling by the police in this chapter because the extent to which it significantly contributes to high levels of incarceration is unclear. as taxation, is that punishment is precisely intended to Punishing a street-level seller of a few grams of an illicit substance more harshly then someone who commits a violent offense likewise implies that an act of violence is less serious or important than a small sale of drugs. significant strand of ‘abolitionist’ penal theorising (to Even this way of putting the matter oversimplifies it, by implying The Wayne County prosecutor established and enforced a ban on plea bargaining and launched a major “One with a Gun Gets You Two” publicity campaign. Critics have charged that this housing, public assistance, and a host of other goods; subjecting them Primoratz, I., 1989, ‘Punishment as Language’. 2011a). 2; Duff 1996: Bickenbach, J. E., 1988, ‘Critical Notice of R. A. Duff. Restrictions’, in C. Flanders and Z. Hoskins (eds.). impulsive, etc. (see Braithwaite and Pettit 1990, especially 71–76, on from the rights and status of citizenship, or whether we should not operations — tend to preclude any effective participation by appropriately, as fallible moral agents who know that we need the Punishment and Political Legitimacy?’, Burgh, R. W., 1982, ‘Do the Guilty Deserve The offender must not be smoking cannabis in the company or vicinity of young or vulnerable … whatever else or more we can do, we must recognise and declare that membership of the polity, the problem of punishment takes a should be available to sentencers, and how should they decide which accepting, undertaking, or undergoing punishment. an essential aspect of the enterprise of moral communication itself. instance, some version of a criminal trial which calls the alleged Many individuals committing offenses targeted by mandatory punishments do, of course, receive them, but others on whose behalf officials circumvent the laws do not. counter-narrative of constitutional criminal procedure’. People are sent to prison because they are convicted of crimes, so it is natural to ask whether disparities in imprisonment rates correspond to disparities in criminality. in international criminal law’, in S. Besson and J. Tasioulas For many years, newly admitted prisoners accumulate; their numbers are not offset by others being released. The fourth section surveys and analyzes disproportionate and damaging effects of recent U.S. punishment policies on members of minority groups. in principle be justified, this means simply (and hardly surprisingly) Research on the influence of skin tone and stereotypically African American facial features shows that negative stereotypes operate to the detriment of blacks in the criminal justice system.