Limits on Punishment

Question 1

Retribution

Answer 1

1. Defendant should experience suffering that is proportional the severity of the crime and the culpability of the defendant.
2. Proportionality is difficult to measure in absolute terms, so it is usually measured relative to the penalties for other crimes/defendants.

Question 2

Deterrence - fear of punishment

Answer 2

1. Specific deterrence: This defendant will not commit the same crime again after experiencing punishment
2. General deterrence: Others will not commit the crime after they see how this defendant was punished.

Question 3

Incapacitation

Answer 3

Prevent the person from committing the crime again by restraining them or their ability to engage in certain conduct.

Question 4

Rehabilitation

Answer 4

1. Moral reform
2. Psychological treatment
3. Education
4. Vocational training

Question 5

Individual Case Proportionality Test

Answer 5

1. Does the Court think that the sentence seems grossly disproportionate to the crime?
2. Is the sentence disproportional to sentences for similarly culpable conduct in this and other jurisdictions? (intra- and inter-jurisdictional comparison)

Question 6

Proportionality test

Answer 6

1. Objective indicia of society’s standards, including legislation and state practice
2. Independent judgment of the court, including the Court’s understanding of the 8th amendment’s test, history, meaning, and purpose
   a. Culpability of D compared to severity of punishment
   b. Does sentence proportionately or parsimoniously meet a goal of punishment?