According to Von Hirsch's view on "just deserts," why is punishment based on deterrence or incapacitation wrong?
A) Punishment based on deterrence or incapacitation does not allow for the possibility of rehabilitation.
B) Punishment based on deterrence or incapacitation is used only within the adult criminal justice system, thus, it ignores juvenile offenders.
C) Punishment based on deterrence or incapacitation involves an offender's future actions.
D) Von Hirsch did not view punishment based on deterrence or incapacitation as wrong.

Question

According to Von Hirsch's view on "just deserts," why is punishment based on deterrence or incapacitation wrong?
A) Punishment based on deterrence or incapacitation does not allow for the possibility of rehabilitation.
B) Punishment based on deterrence or incapacitation is used only within the adult criminal justice system, thus, it ignores juvenile offenders.
C) Punishment based on deterrence or incapacitation involves an offender's future actions.
D) Von Hirsch did not view punishment based on deterrence or incapacitation as wrong.

Quizplus · Accepted Answer

Von Hirsch's "just deserts" model argues that punishment should be proportionate to the severity of the crime committed, rather than based on the potential future actions of the offender. Punishments based on deterrence or incapacitation focus on preventing future crimes, which involves speculation about an individual's future actions, rather than on the crime already committed.

According to Von Hirsch's View on "Just Deserts," Why Is