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Topic: What should be the basis of criminal punishment?
The initial question is whether there should be a criminal law at all. Some predeterminists, anarchocapitalists, and anarchosocialists think not. If criminal law is appropriate, what is its proper basis: retribution, deterrence, rehabilitation, societal protection (incapacitation), restitution (restoration), or some or all of the above? What does “retribution” mean in the criminal law? Should it be eliminated as a basis of punishment? What mitigating or aggravating factors, if any, should be considered in criminal punishment?
REFERENCES (NOT required reading):
“What Are the Five Major Types of Criminal Punishment?”: https://online.pointpark.edu/criminal-justice/types-of-criminal-punishment/
“The Purposes of Punishment”: https://open.lib.umn.edu/criminallaw/chapter/1-5-the-purposes-of-punishment/
“Aggravating and Mitigating Factors”: https://www.justia.com/criminal/aggravating-mitigating-factors/
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