The lack of free will in human experience causes clear problems for criminal punishment. Free will is a central assumption of retribution; without the free choice to tear the moral fabric of society, one’s actions cannot warrant that she receives punishment. For its invalidity and cost, retribution should not be used as a penological goal in the creation of laws or sentencing. Utilitarian goals, aimed at the social good, should be used in retribution’s place.
Matthew D. Moyer,
Free Will's Enormous Cost: Why Retribution, Grounded in Free Will, is an Invalid and Impractical Penal Goal,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol92/iss5/15