ABSTRACT

When someone is hurt or wronged, a common response is to strike back. It occurs at both the individual and societal levels. Hurts are to be punished, but not unduly so. Fairness and justice must also apply. In almost all societies, punishment is a consequence of breaking the law, and the application of punishment is highly regulated. There are many purposes for punishment within the criminal justice system. They include retribution, denunciation of the act, and deterrence. This chapter touches upon these varying purposes, but the focus is on the deterrent function of punishment.

The “get tough” movement has failed miserably to reduce recidivism and crime. On the contrary, it may have been criminogenic. Certainly, relying on deterrence has not led to justice and it has caused economic and emotional hardships to the perpetrators, their families, victims, and the community at-large. Why getting tough has failed is explained by the psychology of punishment. The chapter ends with a review of a more humane alternative to punishment: restorative justice.