Rediscovering Retribution: Understanding Punishment Theory after Blakely

Abstract

Blakely will surely transform our sentencing policies in both large and small ways. But before the courts further interpret and apply Blakely, a fuller understanding of the underlying punishment theory is necessary. Accordingly, this short article attempts to paint a brief picture of the past and future of sentencing theory. I argue that the core of Blakely relies on an unarticulated theory of community based retribution, one that should inform our understanding of criminal punishment in sentencing as we go forward.

Keywords: sentencing, punishment, blakely, retribution, criminal law