Abstract
American penal policy appears to be shifting away from practices based upon the rehabilitative ideal and toward those consistent with the retributively based justice model. Yet despite the appearance of a variety of reforms based upon desert, several problems associated with the model have yet to be resolved. This paper focuses on the difficulty of identifying a basis for the development of a scale of proportionality between crime and punishment. The use of public sentiment as a basis is considered, and the results of a survey of attitudes regarding appropriate punishment for crime are discussed. The results of this assessment appear to provide little evidence that citizens agree on the appropriate punitive response for criminal activity.

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