Rejecting Retributivism: Free Will, Punishment, and Criminal Justice

Retributivism is a prominent justification for legal punishment in the criminal justice system, but this book argues against it and presents a viable alternative called the public health-quarantine model. The public health-quarantine model is more human, holistic, and effective in dealing with criminal behavior.

Format: Paperback / softback
Length: 399 pages
Publication date: 30 September 2021
Publisher: Cambridge University Press

Retributivism is a prominent justification for legal punishment within the criminal justice system, asserting that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. However, this book argues against retributivism and presents a viable alternative that is both ethically defensible and practical. Gregg D. Caruso, the author, offers six distinct reasons for rejecting retributivism. Firstly, he questions whether agents possess the necessary free will and moral responsibility to justify this view of punishment. While some alternatives to retributivism exist, such as consequentialist deterrence, educational, and communicative theories, they also have ethical problems.

To address these issues, Caruso presents a novel non-retributive approach called the public health-quarantine model. This model differs significantly from retributivism in its approach to dealing with criminal behavior. It emphasizes a more human, holistic, and effective approach to addressing crime and promoting public safety. The public health-quarantine model recognizes that criminal behavior is often a result of complex factors, including social, economic, and environmental factors. It aims to address these root causes by providing targeted interventions and support to individuals who are at risk of committing crimes.

One of the key features of the public health-quarantine model is its focus on prevention rather than punishment. It recognizes that punishing individuals for their crimes does not necessarily deter future behavior. Instead, it focuses on providing resources and support to help individuals break the cycle of crime. This includes programs that address poverty, addiction, and mental health issues, as well as education and job training opportunities.

Another important aspect of the public health-quarantine model is its emphasis on community involvement and collaboration. It recognizes that crime is not just a problem for the individual but for the community as a whole. It involves working with community organizations, local governments, and other stakeholders to develop comprehensive strategies that address the root causes of crime and promote social cohesion.

The public health-quarantine model also recognizes the importance of rehabilitation and reintegration into society. It aims to help individuals who have committed crimes to turn their lives around and become productive members of society. This includes programs that provide counseling, substance abuse treatment, and job training, as well as support for families and communities.

In conclusion, the book argues against retributivism and presents a viable alternative that is both ethically defensible and practical. The public health-quarantine model provides a more human, holistic, and effective approach to dealing with criminal behavior. By focusing on prevention, rehabilitation, and community involvement, it aims to address the root causes of crime and promote public safety. This approach is worthy of consideration by policymakers and practitioners in the field of criminal justice.

Weight: 576g
Dimension: 151 x 229 x 28 (mm)
ISBN-13: 9781108723480