The Proportionality of Punishment

In On Crimes and Punishments, Beccaria argues that in a just society,
punishments ought to be proportional to the crime—for three reasons.

1.	According to the social contract, individuals agree to give the state power over them, but only to the extent that is necessary to create order and harmony. Therefore, the state can punish only to the extent that is necessary to deter crimes, and no more than is required. Any excessive punishment is an abuse of power by the state.
2.	Second, Beccaria argues that if punishments were not proportional, then the state would in fact encourage and create more crimes! This argument depends on Beccaria's understanding of human nature as hedonistic or self-interested: if forced to choose between between a less-serious crime and a more-serious crime that are assigned the same punishment, we would be more likely to attempt the more serious crime. We gain more, for the same risk and consequences.
	If the punishments for robbing $20 from the local 7-11 and $2000 from the local bank were the same, which would you be more likely to risk robbing? If punishments are not proportionally assigned, the state would in fact encourage individuals to engage in the more serious crime!
	Beccaria's final argument attempts to argue that there should be a proportionality in kind as well as degree. . .
3.	In order to best function as a general deterrent, the punishment should immediately bring to mind the crime in the mind of the would-be offender. The punishment should therefore symbolize the crime that it punishes.
	Consider the punishment of the 'chain gang.' The punishment is public and visible--everyone who passes by must confront the prisoners. The black and white stripes of the uniform recalls to their minds the bars of imprisonment. Finally, the labor of the prisoners--their contributing to society--brings to mind theft, the taking from society. Beccaria thus advocated public works as an ideal form of punishment.
	For Beccaria, then, proportionality has two meanings: Punishments ought to be proportional to the degree of crime, and they ought to symbolically bring to mind the crime in the mind of observers, to strengthen the connection in their minds between the crime and the punishment. Note that while Beccaria's arguments (2) and (3) above attempt to persuade us that proportionality is the best way to punish, argument (1) tries to persuade us that proportionality is the only just way to punish.

EXERCISE!
Fit an appropriate punishment to the following crimes
discussed by Beccaria in On Crimes and Punishments.

Keep in mind that proportionality not only means that the
punishment should not exceed the crime, but that the punishment should symbolically recall the crime in the mind of the observer.

After you make your answer, click on the crime to
see the punishment suggested by Beccaria
in his On Crimes and Punishments!

Theft? ____________________________

Theft with Violence? ____________________________

Attack on One’s Honor? ____________________________

The Social Parasite? ____________________________

("one who contributes neither
labor nor wealth to society")

Adultery? ____________________________

Infanticide? ____________________________