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Criminal legal sanctions and the false dichotomy between deterrence and rehabilitation: Implications for sentencing research and policy

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  • Mears, Daniel P.
  • Stafford, Mark C.

Abstract

Objectives: Criminal justice policy has historically swung between punitive, deterrence-focused and rehabilitation-focused sentencing. Research has reinforced the notion that the two constitute polar ends of a spectrum. This paper seeks to contribute to sentencing scholarship aimed at understanding the nature and effects of legal sanctions. Specifically, we argue that the deterrence-rehabilitation dichotomy is false and that recognizing how the two are distinct yet intertwined both theoretically and, in many cases, in practice, has substantial relevance for accurate interpretation of research and for designing and evaluating policy.

Suggested Citation

  • Mears, Daniel P. & Stafford, Mark C., 2026. "Criminal legal sanctions and the false dichotomy between deterrence and rehabilitation: Implications for sentencing research and policy," Journal of Criminal Justice, Elsevier, vol. 102(C).
    • Handle: RePEc:eee:jcjust:v:102:y:2026:i:c:s0047235225002399
    DOI: 10.1016/j.jcrimjus.2025.102590
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    References listed on IDEAS

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    1. David B. Wilson & Doris L. MacKenzie & Fawn Ngo Mitchell, 2005. "Effects of Correctional Boot Camps on Offending," Campbell Systematic Reviews, John Wiley & Sons, vol. 1(1), pages 1-45.
    2. David B. Wilson & Doris L. MacKenzie & Fawn Ngo Mitchell, 2005. "Effects of Correctional Boot Camps on Offending," Campbell Systematic Reviews, John Wiley & Sons, vol. 1(1), pages 1-45.
    3. A. Mitchell Polinsky, 2017. "Prison Work Programs in a Model of Deterrence," American Law and Economics Review, American Law and Economics Association, vol. 19(2), pages 391-422.
    4. Alex Raskolnikov, 2020. "Criminal Deterrence: A Review of the Missing Literature," Supreme Court Economic Review, University of Chicago Press, vol. 28(1), pages 1-59.
    5. Joshua C. Cochran & Daniel P. Mears & William D. Bales, 2014. "Assessing the Effectiveness of Correctional Sanctions," Journal of Quantitative Criminology, Springer, vol. 30(2), pages 317-347, June.
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