The Punishment Should Fit The Crime And Immortal Punishment Essay

988 Words May 5th, 2015 4 Pages
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 based upon competing value system and defining conduct to be treated as criminal. When he studied the two processes he believed that one should determine what the law should be and the other process determines who the criminals are. Packer’s assumption was that police and prosecutors should act to enforce criminal laws that are passed, government’s limited power to…

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