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“Joining Punishment and Treatment in Substantive Equality”

Ferdinand, Theodore N.
June 4, 2015

Source: (2002) Criminal Justice Policy Review. 13(2): 87-116.

How can justice and treatment be combined so that the rights of victims are upheld
and offenders are rehabilitated? Substantive justice administers punishment proportionate both to the offense and the offender’s condition while also providing treatment according to the offender’s needs. Substantive justice means that similar offenders ought to experience not the same objective punishment but similar degrees of subjective pain. Judges already use distinctive standards in sentencing juveniles and women, and this practice should be extended to all offenders; that is, to men and white collar offenders, not simply with minor fines but with all forms of punishment and treatment. It should be codified in law so that our justice system can provide generally better protection to victims and better treatments to offenders. author’s abstract.


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