I do not know how much one should be punished for various crimes. I’d imagine that our current policy is too inhumane. But however much one thinks people should be punished for various crimes, it’s hard to fathom why corporal punishment is ruled out but prison is tolerated. Given that prison is the less humane option, either both should be allowed or neither should.
One reason to support prison as punishment for crimes over corporal punishment is that prisons confine and isolate dangerous individuals for lengthy periods, protecting the general public via physical separation.
I’d argue that physically preventing certain violent people from being able to harm others is indeed one of the most important purposes served by criminal law, and it’s not served very well by corporal punishment. Some individuals are simply too impulsive or myopic to be deterred by corporal punishment. Almost the moment you let them free, after their beating, they’d just begin committing crimes again. By contrast, putting them in a high security prison allows society to monitor these people and prevent them from harming others directly.
The death penalty perhaps served this purpose in the past by making violent criminals permanently incapable of harming others ever again, but our society has (probably correctly) largely decided that it is morally wrong to toss away someone’s life merely because they are pathologically dangerous. Therefore, prison serves as a useful compromise when protecting the public from violent criminals who are unable to stop committing repeated offenses.
Thankfully, most people generally age out of crime, so life sentences are rarely necessary, even for those who are generally quite violent.
Thankfully, most people generally age out of crime, so life sentences are rarely necessary, even for those who are generally quite violent.
More specifically, men’s impulsive violent tendencies tend to decrease with age. When this is the case, “lock up violent men until they grow out of it” can be pragmatically humane, especially compared to corporal punishment.
Age and criminal history exerted a strong influence on recidivism. For offenders in Criminal History Category I, the rearrest rate ranged from 53.0 percent for offenders younger than age 30 at the time of release to 11.3 percent for offenders age 60 or older. For offenders in Criminal History Category VI, the rearrest rate ranged from 89.7 percent for offenders younger than age 30 at the time of release to 37.7 percent for offenders age 60 or older.
One reason to support prison as punishment for crimes over corporal punishment is that prisons confine and isolate dangerous individuals for lengthy periods, protecting the general public via physical separation.
I’d argue that physically preventing certain violent people from being able to harm others is indeed one of the most important purposes served by criminal law, and it’s not served very well by corporal punishment. Some individuals are simply too impulsive or myopic to be deterred by corporal punishment. Almost the moment you let them free, after their beating, they’d just begin committing crimes again. By contrast, putting them in a high security prison allows society to monitor these people and prevent them from harming others directly.
The death penalty perhaps served this purpose in the past by making violent criminals permanently incapable of harming others ever again, but our society has (probably correctly) largely decided that it is morally wrong to toss away someone’s life merely because they are pathologically dangerous. Therefore, prison serves as a useful compromise when protecting the public from violent criminals who are unable to stop committing repeated offenses.
Thankfully, most people generally age out of crime, so life sentences are rarely necessary, even for those who are generally quite violent.
More specifically, men’s impulsive violent tendencies tend to decrease with age. When this is the case, “lock up violent men until they grow out of it” can be pragmatically humane, especially compared to corporal punishment.
The US government has a relevant report on this if people are interested: https://www.ussc.gov/research/research-reports/effects-aging-recidivism-among-federal-offenders
For example: