The Growth of Incarceration in the United States: Leaving Proportionality Behind | Zendy

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The Growth of Incarceration in the United States: Leaving Proportionality Behind

Author(s) -

Oliver Durose

Publication year - 2019

Publication title -

undergraduate journal of politics and international relations

Language(s) - English

Resource type - Journals

ISSN - 2398-5992

DOI - 10.22599/ujpir.7

Subject(s) - proportionality (law) , punishment (psychology) , criminal justice , criminology , economic justice , political science , law , law and economics , economics , sociology , psychology , social psychology

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.

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