As the previous Section pointed out, the exclusionary rule fulfills these criteria under a range of morally coherent theories of punishment
Utilitarian theories of punishment
hold that an infliction of
This understanding mutes any difference, for my purposes, between expressive and communicative theories of punishment
(though adherents to communicative theories of punishment
may be more receptive to the arguments advanced in this Part of the Article).
the traditional theories of punishment
(retributivist, utilitarian, or
The history of these two theories of punishment
The literature devoted to theories of punishment
identifies four primary justifications (17) for punishment: incapacitation, deterrence, rehabilitation, and retribution.
After detailing the sentencing statistics for the tribunals and the domestic court systems, Drumbl shifts from a penological analysis to a criminological one, (22) lucidly outlining the justifications for punishment in the context of international and national law and pointing out the varying theories of punishment
at play in the sentencing schemes.
It has long been a key tenet of retributive theories of punishment
Theories of punishment
based upon an idea of corrective justice provide an explanation of the principle of proportionality, namely, that punishment should fit the crime.
at 520 ("[WC] cannot accommodate utilitarian theories of punishment
The unfair manner in which the criminal "justice" system works against offenders from deprived backgrounds has led some of the most eminent commentators on punishment to retract or rethink their theories of punishment
Yet the most influential theories of punishment
deprecate these sentiments classifying them as mere vengefulness.