Rehabilitation

Document Type

Book Chapter

Publication Date

9-25-2008

Abstract

This chapter addresses the question of whether rehabilitation would make a good distributive principle for liability and punishment. It shows that skepticism about its effectiveness has resulted in little support for the use of rehabilitation as a distributive principle. Few existing American codes give significant deference to it. Indeed, some explicitly reject it as a distributive principle, while others do so implicitly. The Model Penal Code, for example, omits rehabilitation from its list of the “general purposes of the provisions governing the definition of offenses”.

Keywords

liability, punishment, Distributive Principle, prison

Publication Title

Distruptive Principles of Criminal Law: Who Should be Punished How Much

DOI

https://doi.org/10.1093/acprof:oso/9780195365757.003.0005

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