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Oliver Wendell Holmes discusses the purpose of incarceration in The Common Law [1], and I've found it to be insightful when thinking about what the purpose of prison is. > It has been thought that the purpose of punishment is to reform the criminal; that it is to deter the criminal and others from committing similar crimes; and that it is retribution. Few would now maintain that the first of these purposes was the only one. If it were, every prisoner should be released as soon as it appears clear that he will never repeat his offence, and if he is incurable he should not be punished at all. Of course it would be hard to reconcile the punishment of death with this doctrine. > The main struggle lies between the other two. On the one side is the notion that there is a mystic bond between wrong and punishment; on the other, that the infliction of pain is only a means to an end. Hegel, one of the great expounders of the former view, puts it, in his quasi mathematical form, that, wrong being the negation of right, punishment is the negation of that negation, or retribution. Thus the punishment must be equal, in the sense of proportionate to the crime, because its only function is to destroy it. Others, without this logical apparatus, are content to rely upon a felt necessity that suffering should follow wrong-doing. It goes on from here in great depth. Recidivism as a metric of the effectiveness of prison is not misguided, per se, but is not sufficient. The deterrent effect of imprisonment is hard to measure; the punishment aspect is impossible to measure. I agree, on a purely subjective basis, that we have tilted way too far in the direction of retribution and deterrence, to the point where we have maxed effectiveness as a deterrent, and have more than satisfied the "blood lust" of the victims of the crime (that is, reducing vigilantism and private retribution to a non-factor). [1] http://www.gutenberg.org/files/2449/2449-h/2449-h.htm#link2H... |