Retributivism Has a Past

For nearly two centuries in the United States the punishment of crime was largely aimed in theory and in practice at prevention rehabilitation or incapacitation and deterrence. In the mid-1970s a sharp-and some argued permanent-shift occurred. Punishment in the criminal justice system became first and foremost about retribution. Retribution trumped rehabilitation; proportionality outweighed prevention. The retributivist sea change was short-lived however. After a few decades some policy makers returned tentatively to individualized approaches to punishment launching initiatives like drug courts and programs for treatment and reentry. Others promoted policies that retained the rhetoric but betrayed the theory-punishment in proportion to culpability-of retributivism resulting in mandatory minimum sentences three-strikes-and-you're-out laws dangerous offender and sexual predator laws truth in sentencing and life without the possibility of parole.