Social Justice Research, Vol. 21, pp. 119-137, 2008
19 Pages Posted: 30 Sep 2008 Last revised: 2 Oct 2008
Date Written: September 29, 2008
This article reveals a discrepancy between the actual and stated motives for punishment. Two studies conducted with nationally representative samples reveal that people support laws designed on the utilitarian principle of deterrence in the abstract, yet reject the consequences of these same laws when they are applied. Study 1 (N = 133) found that participants assigned punishment to criminals in a manner consistent with a retributive theory of justice rather than deterrence. The verbal justifications for punishment given by these same respondents, however, failed to correlate with their actual retributive behavior. Study 2 (N = 125) again found that people have favorable attitudes towards utilitarian laws and rate them as "fair" in the abstract, but frequently reject these same laws when they are instantiated in ways that support utilitarian theories. These studies reveal people's inability to know their own motivations, and show that one consequence of this ignorance is to generate support for laws that they ultimately find unjust.
Suggested Citation: Suggested Citation
Carlsmith, Kevin M., On Justifying Punishment: The Discrepancy between Words and Actions (September 29, 2008). Social Justice Research, Vol. 21, pp. 119-137, 2008. Available at SSRN: https://ssrn.com/abstract=1275295