Abstract

The unprecedented growth of incarceration in the U.S has been driven by changes in criminal justice policy. These changes cannot be justified according to a theory of proportionality that reconciles consequentialist and deontological requirements. Punishment should be as proportional to its crime-reducing effects as possible without being disproportional to the crime itself. Not only have the changes in criminal justice policy made the system of punishment less proportional to its crime-reducing effects, but they have also created a system of punishment that is, in many cases, disproportional to the crime.

Highlights

  • The United States of America (U.S) has the highest prison population in the world (Obama, 2015)

  • As long as the punishment can reasonably be considered proportional to the crime, it should be as proportional to its crime-reducing effects as possible

  • I will demonstrate that increasing the amount of time served for violent crime was not necessary to ensure the punishment was proportional to the crime

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Summary

Oliver Durose

The unprecedented growth of incarceration in the U.S has been driven by changes in criminal justice policy. These changes cannot be justified according to a theory of proportionality that reconciles consequentialist and deontological requirements. Punishment should be as proportional to its crime-reducing effects as possible without being disproportional to the crime itself. Have the changes in criminal justice policy made the system of punishment less proportional to its crime-reducing effects, but they have created a system of punishment that is, in many cases, disproportional to the crime

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