Alternatives to Sentencing
Table of Contents I. Theories of Punishment A. Retribution B. Deterrence C. Incapacitation (Restraint) D. Rehabilitation (Treatment) E. Reintegration II. Old Time Punishments I. All of the types of punishment or sentencing types that will be introduced and explained in the following sections were invented and implemented to deal with violators of the rules and norms of our society. They are all justified by one of five rationales. Those rationales are listed as: 1) Retribution- a theory of punishment being inflicted on a person who has infringed the rights and safety of others. 2) Deterrence- a theory of punishment that seeks to discourage would-be offenders from committing the same crimes for which a defendant has been convicted. 3) Incapacitation (Restraint) - a theory of punishment that says imprisonment is justified on the grounds that as long as an offender is confined, he or she is not free to commit more crimes. 4) Rehabilitation (Treatment) – a theory, which is a goal of correctional treatment, that began as a matter of moral redemption of the offender; the punishment became the changing of the personality of the criminal to achieve improvements in social behavior and personal adjustment. 5) Reintegration, which is an extension of the rehabilitative philosophy. Retribution is a theory that goes far back in history. The Bible, a compilation of the world’s oldest written records, speaks of retribution in Exodus chapter 21, versus 23-25. Those versus state: 23 “But if there is serious injury, you are to take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn wound for wound, bruise for bruise.” This type of punishment suggests that the punishment that is inflicted should be made to coincide with the severity even lack of severity of the crime committed. Retribution is a desire of most citizens within a society. People have a desire for revenge upon those who have taken something or someone from them, and/or those who have done wrong things to them. Bedeau says that deterrence is not defined clearly with its usual definition of deterrence.