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AIMS OF IMPRISONMENT

NCJ Number
37086
Journal
Current History Volume: 71 Issue: 418 Dated: (JULY/AUGUST 1976) Pages: 1-5
Author(s)
A VON HIRSCH
Date Published
1976
Length
6 pages
Annotation
THREE MODELS FOR CORRECTIONS PHILOSOPHY ARE DISCUSSED, INCAPACITATION, DETERRENCE, AND 'JUST DESERTS', THE LAST OF WHICH IS REGARDED BY THE AUTHOR AS THE MOST LOGICAL CHOICE IN THE INTERESTS OF FAIRNESS.
Abstract
PROBLEMS AND SIMILARITIES OF THE THREE MODELS ARE PRESENTED. THE INCAPACITATION MODEL, NOTWITHSTANDING ITS PROHIBITIVELY HIGH COST, IS NOT FAIR. WE DO NOT HAVE ENOUGH INFORMATION TO IMPLEMENT THE DETERRENCE MODEL, AND EVEN IF WE DID, IT WOULD NOT BE FAIR EITHER. THE MAIN PROBLEM WITH THE 'JUST DESERTS' MODEL ARE PLEA-BARGAINING AND MEASURING THE SERIOUSNESS OF CRIMES. THE THREE MODELS ARE ALL AIMED AT LIMITING SENTENCING DISCRETION, AND LESSENING THE EXTREMES OF HARSHNESS AND LENIENCY.

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