The Use of Knowledge in The Use of Knowledge in Proportionate Proportionate

PunishmentPunishmentMises Academy: The American Prison State

Lecture 5

A brief timeline of punishment A brief timeline of punishment theory and practicetheory and practice

1700s - 1800s: in England and developed world scaffolds are replaced by penitentiariesin the US and Australia forced labor is replaced by penitentiaries

Early 20th century:rehabilitation practices change from corporal to psychotherapy

1950s - 1980s: “nothing works.” high crime and high recidivism despite increased spending on

rehabilitation

1980s – 2000:retributive theory inspires mandatory minimum sentencing and three strikes

you’re out laws

1990s – today: the modern prison crises and the rise of the proportionality philosophy

Competing paradigms of criminal Competing paradigms of criminal punishmentpunishment

The Proportionality PrincipleThe Proportionality Principle

A deontological constraint upon retribution

The punishment should fit the crime

Like crimes should be treated alike

Equality before the law

How are proportionate sentences How are proportionate sentences actually to be produced?actually to be produced?

1. Assume the state as the sole legitimate provide of punishment and law enforcement

2. Ordinally rank crimes by severity (Davis 1983 and von Hirsch and Jareborg's 1991)

3. Ordinally rank punishments by harshness

4. “Anchor” crime and punishment scales together to create cardinal exchange rates

Calculation Calculation ProblemsProblemsWithout market prices for capital goods their cannot be rational calculation to optimize the production of consumer goods.

Planners cannot allocate resources across the structure of production optimally.