Limiting Retributivism: The Consensus Model of Criminal Punishment.

Source: (2003) In Michael Tonry, ed., The Future of Imprisonment in the 21st Century. Oxford University Press. Downloaded 19 October 2005.

This paper argues that Norval Morris’ theory of limiting retributivism should
be recognized as the consensus model of criminal punishment. Some version
of Morris’ approach is embodied in the current sentencing regimes of almost
all American states, even sentencing guidelines regimes expressly founded on
a Just Deserts model, and in many nations, both in common law and civil law
legal systems. Limiting retributivism is popular with practitioners, and makes
good sense as a matter of policy, because it strikes an appropriate balance
between the conflicting punishment goals and values which are recognized in
almost all western countries. The theory accommodates retributive values
(especially the importance of limiting maximum sanction severity) along with
crime-control goals such as deterrence, incapacitation, rehabilitation, and
denunciation. It also promotes efficiency, and provides sufficient flexibility
to incorporate victim and community participation, local values and resource
limitations, and restorative justice programs. Recognizing and promoting a
consensus model based on Morris’ theory would have considerable value; the
theory enjoys widespread support, provides a principled basis to resist
persistent political and media pressures to escalate sanction severity, and
gives researchers and sentencing policy makers in diverse systems a common
framework within which to compare, evaluate, and reform sentencing
practices. Author’s abstract.