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.

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Criminal Law Commons



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