ABSTRACT
The well-known unpleasantness of imprisonment may deter potential criminals from turning to a life of crime, and deter actual criminals from continuing their life of crime. This chapter argues that most individuals who are actually imprisoned in the United States should not be imprisoned. The use of prisons should be dramatically reduced—but not eliminated. More specifically, all or nearly all nonviolent offenders should receive some alternative (non-custodial) sentence; nevertheless, the prison system must be maintained for the most dangerous, violent criminals. The chapter explains how this position—in particular, endorsing incarceration for the most dangerous criminals—can be squared with the Argument from Unconscionable Punishment. The reasons for incarcerating serious violent criminals are much stronger, and the reasons against incarcerating them much weaker, than is the case for nonviolent criminals. It is therefore reasonable to hold that incarceration is justified only for serious, violent criminals and criminals who refuse to comply with non-prison penalties.
