Key Takeaways
The four goals of criminal sentencing — retribution, rehabilitation, deterrence, incapacitation — often fail to achieve justice, and the current system is largely political theatre.
Retribution does not prevent future behavior and cannot address underlying issues — it is ultimately ineffective.
Rehabilitation works, but many judges oppose it and prisons often lack the programs needed for successful reintegration.
Deterrence through punishment is not effective — the evidence goes back over 200 years.
The solution: adopt evidence-informed policies that address the root causes of criminal behavior, not just punitive measures.
I’m starting a new series addressing major flaws and myths in the criminal justice system. Today’s topic: criminal sentencing. America’s sentencing goals as we know them aren’t doing much. A lot of it is political theatre, unfortunately. It’s another flawed element of the “justice” system that requires massive overhaul. Let’s jump in.
The Four Goals of Criminal Sentencing
There are four main goals to criminal sentencing. Here is how each one actually performs.
USELESS
Retribution
The concept that people deserve to be punished. There is not a parent alive who doesn’t know this scenario: you put a kid in timeout. A few weeks later, they’re in timeout again. Because Retribution does nothing to prevent future behavior and it can’t change the past. Unless you address underlying issues through rehabilitation, the problem will never truly be fixed. The research agrees.
WORKS
Rehabilitation
Rehabilitation DOES work. Sadly, there are judges and prosecutors who outright oppose it, even going out of their way to eliminate options for rehabilitation. That leaves the burden on prisons — and many of them are not great at rehab. If prisons do not offer evidence-informed policies and programs that help incarcerated individuals get better as well as safety nets for reentry, they will likely engage in criminal activity again.
200% NOT
Deterrence
I don’t know how many times I need to repeat this, but punishment is 200% NOT a deterrent for crime and hasn’t been for over 200 YEARS. Yes, you read that correctly: over 200 years. I read this in my History of Criminal Justice textbook and it is an example I STILL enjoy bringing to people’s attention.
MISAPPLIED
Incapacitation
The idea of removing someone from society to keep the public “safe.” Sorry, this is most of the time, an outright lie. The data on who is actually behind bars tells a different story entirely — see below.
The Pickpocketing Story — Why Deterrence Has Never Worked
In the 1800s, pick-pocketing was an offense punishable by public hanging. Let me reiterate that: DEATH by the hanging of a person by their neck, in a PUBLIC square for all to see.
Guess what happened? Pick-pockets targeted spectators at hangings, anyway. Even with a visual reminder that if they were caught and convicted of the crime, they would DIE, they did it anyway.
Why? Because it didn’t address the underlying issues of criminal behavior. It didn’t address poverty or desperation. No one is thinking about a potential sentence in the commission of a crime. The deterrence model assumes a rational actor who doesn’t exist.
The Incapacitation Problem — Who Is Actually Behind Bars
The Data on Incapacitation
72.1%
of people in Federal prison are serving time for a non-violent offense and are first-time offenders
40%
of the US incarcerated population is behind bars for no reason, according to the Brennan Center for Justice
Many
people are held in jails for non-violent, poverty-related reasons — failing to pay fines, fees, and child support
Some
are incarcerated when Wi-Fi isn’t properly secured in neighboring facilities
It’s NOT Working — Now What?
Follow the Data
Adopt evidence-informed policies — not political theater. The research on what actually works is not new and is not contested. The obstacle is political will, not knowledge.
Reform 01
Redirect public spending on programs that actually address the underlying causes of criminal behavior — poverty, mental health, addiction, housing instability.
Reform 02
Change the incentive structure for prosecutors and judges — so they are encouraged to rehabilitate rather than incarcerate under the guise of “helping the community.”
Reform 03
Pay attention to whether your elected officials actually pay attention to data. If they don’t? Vote them out. It’s going to take a lot of work, but it’s work worth doing.
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Rita Williams’ guide to investigating the systems that affect your life — public records, court filings, and the paper trails institutions leave behind.
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Related Coverage — Sentencing, Deterrence, and the Evidence for Reform
How to cite: Williams, R. [Rita]. (2024, December 24). Criminal Sentencing Is Broken: Why It Fails and How to Fix It. Clutch Justice. https://clutchjustice.com/2024/12/24/criminal-sentencing-is-broken-how-do-we-fix-it/
