ABSTRACT

PENAL PHILOSOPHY IN PRACTICE: A QUANTITATIVE AND QUALITATIVE ANALYSIS OF PUBLIC VALUES IN THE JUSTICE SYSTEM

Journal: Social Values and Society (SVS)
Author: Muhammad Aqeel Ashraf, James Nde Jacob, Duddy Zein

This is an open access article distributed under the Creative Commons Attribution License CC BY 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

DOI: 10.26480/svs.02.2024.43.45

The debate between punishment and rehabilitation as the primary goal of the criminal justice system represents a fundamental tension in societal values. This study investigates which philosophy—retributive punishment or rehabilitative correction—the public primarily endorses and explores the factors that shape these preferences. A mixed-methods approach was employed, comprising a quantitative public opinion survey (N=500) and qualitative, semi-structured interviews (N=20) with a diverse sample of citizens. Quantitative findings revealed a complex and seemingly contradictory value set: a strong abstract belief in rehabilitation (72% agreed it should be the primary goal) coexisted with strong support for punitive measures like harsher sentences (65%) for violent offenses. Qualitative analysis resolved this paradox, identifying a key moderating variable: the perceived nature of the offense and the offender. Interviewees consistently expressed a preference for rehabilitative approaches for non-violent, first-time, and mentally ill offenders, while demanding punitive responses for violent, sexual, and repeat offenders. The study concludes that society does not value punishment or rehabilitation in absolute terms, but rather values a context-dependent system that prioritizes rehabilitation where possible and punishment where deemed necessary for public safety and moral desert. This suggests that “what works” is less important to the public than “what is deserved” in a given context.

Pages 43-45
Year 2024
Issue 2
Volume 6