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Law and PsychologyCurrent Legal Issues Volume 9$
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Belinda Brooks-Gordon and Michael Freeman

Print publication date: 2006

Print ISBN-13: 9780199211395

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199211395.001.0001

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How Psychology is Changing the Punishment Theory Debate

How Psychology is Changing the Punishment Theory Debate

Chapter:
(p.94) 6 How Psychology is Changing the Punishment Theory Debate
Source:
Law and Psychology
Author(s):

Paul H Robinson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199211395.003.0006

This chapter shows how psychology is changing the debate about the theory of punishment. Psychology has been more successful, it may be thought, in helping the law to get its best evidence in forensic settings. The American Law Institute's proposed change in the Model Penal Code's ‘purposes’ section is also considered. Under the proposal, the traditional utilitarian mechanisms of deterrence, rehabilitation, and incapacitation can be given play only if they are not inconsistent with an offender's deserved punishment and if there is some evidence to think that they would be effective in that situation.

Keywords:   law, psychology, punishment, legal process, Penal Code, deterrence, rehabilitation, incapacitation

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