ABSTRACT

This chapter focuses on developing a retributive account of the answers to them. It argues that criticism is unfounded, though it must be conceded that those interested in defending the theory have not spent enough time discussing its implications for sentencing. A retributive defense of incarceration has much to offer, some of which is predictable and some of which is quite surprising given the theory’s sometimes formidable reputation. Incarceration drastically restricts the freedom of movement and freedom of association of offenders, and deprives them of much of their privacy. Incarceration might thus be regarded by retributivists as an especially suitable penal response to those serious offenses that defeat or diminish in significant ways the capabilities of victims to live decent lives of their own choosing. Most modern legal systems utilize a range of penal sanctions, assigning the most severe ones like incarceration to crimes a certain level of seriousness.