| Moral reform theories seek to show that punishment is justified (in whole or in part) because it communicates the moral wrongness of the crime. These theories take as central that the source of wrongful behavior is the failure of the offender to appreciate the wrongfulnees of his conduct, that his failure is a defect of moral character, and that hard treatment (punishment) is necessary to the communication that the conduct was wrongful. It is problematic to assume that the commission of criminal acts results from a moral weakness not shared by others; moral character plays into circumstances to determine which individuals will offend. Character defects may, however, be a necessary condition for the performance of at least some crimes; punishment of such acts might legitimately address moral character. I argue that the moral good punishment may do the offender is not by itself sufficient to justify punishment, because the moral good of the offender is an insufficient basis for the use of coercion against him. If moral reform is instead understood as a constraint on deterrent or retributive purposes, no punishment will be justified, because state punishment cannot meaningfully communicate a moral message to the offender. |
Updated 05/20/2006