| Abstract: | Does current disenchantment with rehabilitation and the movement toward determinate sentencing signal a return to “retribution”? To the contrary, a close analysis of the program and philosophy of determinate sentencing reveals a fundamental break with the retributive tradition of punishment according to generic categories of conduct. In an evolutionary development that can be traced through the classical and positivist reform movements. punishment has gradually shifted from a focus upon vengeonce and expiation toward individualized consideration of factors relevant to fairness. The thrust of the new movement toward regularizing the assessment of factors in aggravation or mitigation, with particular emphasis on harm and culpability, must be viewed in an evolutionary perspective. |
