A MAJOR ISSUE OF DEBATE IS WHETHER THE CRIMINAL JUSTICE SYSTEM SHOULD DETER, PUNISH, OR REHABILITATE OFFENDERS. IT IS POSTULATED THAT DETERRENCE AND REHABILITATION, BY THEMSELVES, CANNOT SERVE AS THE BASIS FOR CRIMINAL JUSTICE. EQUITY-BASED FORMS OF PUNISHMENT ARE GENERALLY ATTACHED TO INAPPROPRIATE STRATEGIES OR TACTICS. THEY REPRESENT A MATURE FORM OF MORAL JUDGMENT ENDORSED BY ADULTS, ASSESSED ON THE BASIS OF CONSEQUENCES OF AN ACT AND NOT ON INTENTIONS OF AN ACTOR. CONSONANT WITH THEIR PURPOSE, EQUITY-BASED PENALTIES ARE APPROXIMATELY PROPORTIONAL TO THE GAIN YIELDED BY THE INFRACTION. THEY ARE IMMEDIATE, MAY INVOLVE VICTIM DISCRETION, AND ARE DESIGNED TO MAINTAIN BALANCE. IN CONTRAST TO EQUITY-BASED PENALTIES AIMED AT RESTORING FAIRNESS AFTER INFRACTIONS OCCUR, DETERRENT-BASED PENALTIES ARE DESIGNED TO PREVENT THE OCCURRENCE OF INFRACTIONS IN THE FIRST PLACE. DETERRENT-BASED PENALTIES INVOLVE THE CRUCIAL QUESTION OF INTENTION ARE DISPROPORTIONATE TO THE GAIN YIELDED BY THE SPECIFIC INFRACTION, OFTEN CALL FOR JUDICIAL HEARINGS, AND ARE TOO SERIOUS TO BE SELF-POLICING. DETERRENT-BASED PENALTIES LABEL OFFENDERS, WHILE EQUITY-BASED PENALTIES DO NOT. THE DISTINCTION BETWEEN THE TWO FORMS OF PENALTIES IS ILLUSTRATED WITHIN THE CONTEXT OF SPORTS. ADVANTAGES OF AND PROBLEMS IN AN EQUITY-BASED SYSTEM OF CRIMINAL JUSTICE ARE EXPLORED, AND PRECEDENTS FOR AN EQUITY-BASED SYSTEM ARE NOTED. A LIST OF REFERENCES IS INCLUDED. (DEP)