This paper reviews various uses of the concept of ‘punishment’ in relation to non-custodial sentences, including the frequently-made comparison between ‘punishment’ and ‘rehabilitation’. It concludes that ‘punishment’ has no stable meaning in respect of such sentences and, when utilised, often results in non-custodial penalties being found wanting by comparison with imprisonment. It is suggested that all sentences should be regarded as ‘punishments’, and that the creative development of community penalties will best be achieved by working with a threefold conceptualisation of reparation, rehabilitation and incapacitation, set within appropriate boundaries of proportionality.

中文翻译：

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非监禁刑罚中的“惩罚”：批判性分析

本文回顾了“惩罚”概念在非监禁刑罚方面的各种用法，包括“惩罚”和“康复”之间经常进行的比较。它的结论是，“惩罚”在此类判决方面没有稳定的含义，并且在使用时，与监禁相比，通常会导致非监禁处罚被认为是多余的。建议将所有判决都视为“惩罚”，并且最好通过在适当的比例范围内设置赔偿、康复和丧失行为能力的三重概念来实现社区惩罚的创造性发展。