The Strengths and Weaknesses of Alternative Distributive Principles
This chapter discusses the strengths and weaknesses of the alternative distributive principles examined in the previous chapters. These include general deterrence, special deterrence, rehabilitation, incapacitation, empirical desert, and deontological desert. It is shown that each principle has strengths and weaknesses, some of which seem disqualifying. But a principled criminal justice system must have an articulated controlling principle, and if forced to pick one of the above, one could weigh the strengths and weaknesses of each and come to a conclusion as to which, on balance, seems less problematic than the rest.
general deterrence, special deterrence, rehabilitation, incapacitation, empirical desert, deontological desert, Criminal justice system
Distruptive Principles of Criminal Law: Who Should be Punished How Much
Robinson, Paul, "The Strengths and Weaknesses of Alternative Distributive Principles" (2008). Book Chapters. 166.