Proportionality in criminal penalties.

Introduction: Harsh penalties in the United States

The United States has a problem with incarceration. Since the 1970's America's incarceration rate has quadrupled CITE and has recently surpassed 1% of the total population CITE NEW YORK TIMES. This paper will explore some reasons why this has come to pass, and propose a measure we can take towards punishment to help reform our system of punishment.

Why the high incarceration rate?

In his book Harsh Punishment, James Q. Whitman discusses two aspects of the American law of punishment that are responsible for the increase in incarceration rate. First is the increase in offenses demanding prision time, including drug offenses and other nonviolent crimes. Second, is a dramatic increase in the length of sentinces for inmates, which are so disproportionate to Europe that American inmates serve sentences roughly five to ten times that of their European counterparts. Longer sentinces and more crimes which demand a prison term are two clear factors which lead to a larger prison population.

Why does this happen?

Proportionality in sentencing, using weak or limited retributivism as a cap on penalties.

Consequences:

Checks against moral panic

Provides a hook for prison reform

References

[] Proportionate Sentincing,, Andrew von Hirsch and Andrew Ashworth, Oxford University Press, 2005.

[] Proportionality Principles in the American System of Criminal Justice Richard S. Frase, Perspectives, The Magazine of the University of Minnesota Law School, Fall 2005.

[] The Constitutional Right Against Excessive Punishment, Youngjae Lee, 91 Virginia Law Review 677, 2005.

[] Moral Panics: The Social Construction of Deviance, Erich Goode & Nachman Ben-Yehuda, Blackwell Publishing, 1994.

-- JustinColannino - 28 Mar 2008

FYI - Eben seems to vastly prefer in text links over references at the end. I'm sure this is just cause you're still working in the outline phase but its something really easy to forget about.

-- JulianBaez - 02 Apr 2008