Herbert Packer's Theory Of Criminal Punishment

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Packer spent a lot of time conducting his theory and wanted to know the exact ways people can be punished and what will the punishment accomplish: The contribution Professor Packer makes is to abstract and formulate criteria for determining what kinds of conduct will warrant criminal punishment. These include the following: The conduct is viewed, without significant social dissent, as immoral, Subjecting it to the criminal sanction is not inconsistent with the goals of punishment, Suppressing it will not inhibit socially desirable conduct, It can be dealt with even-handedly, without discrimination, Controlling it through the criminal process will not expose that process to severe qualitative or quantitative strains, and There are no reasonable alternatives to the criminal sanction (Law Reviews, p.3).
Professor Packer believed that the punishment should fit the crime and immortal punishment should not be applied under any circumstances; he believed that if someone is arrested they should be arrested for a good reason and know what they are arrested for. Packer’s study was
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Arguments have gone on for a while back and forth on crime control and due process models; it has been argued that each model must apply to it’s own case at it’s own time. Depending on the seriousness of the offense is when it is decided what models can and cannot be used. Herbert Packer has mentioned is his book that “The kind of model we need is the one that permits us to recognize explicitly the value choices that underlie the details of criminal process” (Jacoby, 1979, p. 217). As argued that the best and most successful conclusion is the one that throws off at an early stage those cases in which it shows that the person being arrested is unlikely to be an

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