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Of behavior 6 imposed on the one who

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Unformatted text preview: x culpability for prior criminal conduct, but uses such conduct solely for evidenAary purposes; •  it does not make criminal convicAon a prerequisite for commitment; •  and it lacks a scienter [mens rea] requirement, an important element in disAnguishing criminal and civil statutes. •  Nor can the Act be said to act as a deterrent, since persons with a mental abnormality ... are unlikely to be deterred by the threat of confinement. 4 Pelican Bay Prison, CA 5 Pelican Bay Prison, CA 6 Pelican Bay Prison, CA Cages 7 Pelican Bay Prison, CA 8 Pelican Bay Prison, CA 9 Pelican Bay Prison, CA 10 Pelican Bay Prison, CA 11 Halden Prison, Norway 12 Halden Prison, Norway 13 Halden Prison, Norway 14 Halden Prison, Norway 15 Halden Prison, Norway 16 Halden Prison, Norway 17 Halden Prison, Norway ç༎ A fitness trainer 18 Halden Prison, Norway 19 Halden Prison, Norway 20 Halden Prison, Norway 21 22 UAlitarian JusAficaAons for Punishment Bentham, IntroducAon to the Principles of Morals and LegislaAon (1780) The pain of punishment is only jus>fied to prevent greater pain from crime. Therefore punishment must not be: •  “groundless” •  “inefficacious” •  “unprofitable” •  “needless” Greenawalt, UAlitarian JusAficaAons for Punishment 1. General deterrence 2. Individual deterrence 3. Incapacita>on 4. Reform 23 DOJ Recidivism Sta>s>cs 68% of all offenders were rearrested for any crime within 3 years, including: •  74% of burglars •  67% of drug offenders •  46% of rapists •  41% of murderers Most repeat offenders were not “spets” – i.e., they were not rearrested for the same types of crimes: •  41% of drug offenders •  23% of burglars •  3% of rapists •  1% of murderers...
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