4.3 Approaches to Punishment

The punitive (retributive) approach — the deserved suffering for its own sake: the fixed tariffs, the severity-as-message, the prison-as-default. Strength: the proportionality-and- blame's honesty; weakness: the criminogenic prison, the recidivism's return, the brutalisation effect; The therapeutic (correctional) approach — the offender's treatment: the crime as the symptom (the positivist's heir); the individualised programmes (the counselling, the education, the skills, the addiction's treatment); strength: the rehabilitation's ideal; weakness: the "nothing works"-to-"what works" debate; the treatment's paternalism risk (the indeterminate sentence's abuse); The preventive approach — the future crime's prevention: the incapacitation (the dangerous offender's confinement — the selective's debate); the deterrence (the individual-and-general: the certainty-severity-celerity's craft); the situational prevention (the opportunity's design — Unit 3.2's link); The restorative approach — the harm's repair: the victim-offender-and-community's triad (the mediation, the conferencing, the reparation); the crime as the relationship's breach (the state's monopoly corrected); the Nepal faces: the Community Mediation's practice; the victim's compensation fund; the khoi-numa traditions' careful recognition; The abolitionist-and-minimalist approaches — the prison's abolition (the prison's failure thesis); the decarceration (the alternatives' maximisation — Unit 5's world); the minimal intervention's principle.