The Proper Role of Criminal Law

Abstract

The first principle in our scheme follows directly from our views on treatment and discretionary power. This is the principle that the law should deal only with a narrow aspect of the individual, his criminal act or acts. The whole person is not the concern of the law. Whenever the law considers the whole person it is more likely that it considers factors irrelevant to the purpose of delivering punishment. The other factors, by and large, have been and will certainly continue to be characteristics related to influence, power, wealth, and class. They will not be factors related to the needs or the treatment potentialities of the defendant.