TO PUNISH OR REHABILITATE? A RESEARCH NOTE ASSESSING THE PURPOSES OF STATE CORRECTIONAL DEPARTMENTS AS DEFINED BY STATE LEGAL CODES

ABSTRACT

This study examines all fifty states’ legal codes in an attempt to determine the legally mandated purposes for the existence of state correctional departments. Specifically, we seek to determine whether correctional departments exist primarily to either rehabilitate or punish offenders or both. Our findings reveal that rehabilitation is the most common goal with 41 states mandating its use. Our findings, however, do demonstrate that non-rehabilitative goals are increasingly being enacted. Our analysis also indicates that a majority of states have multiple purposes. The findings are discussed with attention to broader attitudinal trends towards crime and criminal justice. Suggestions for future research into the purposes of state correctional departments are made.