There are several approaches to the treatment of criminals. The oldest is the idea that a criminal should be punished for revenge or because he is a wicked person or sinner. Infliction of the death penalty, solitary confinement, and sentences to hard labor reflect this view. Another view is that speedy and drastic punishment of criminals will prevent others from committing crimes out of fear of receiving similar treatment. Evidence shows, however, that fear of punishment has little or no effect on preventing crime.

One theory holds that the first aim of treatment should be to protect society from criminals by withdrawing them from its midst. A more modern idea is that the goal of imprisonment should be to reform or rehabilitate the criminal so that he can be returned to society. Many prisons offer psychiatric and religious counseling, vocational training, and educational programs.

Practice. An accused criminal in democratic countries is entitled to a lawyer and a fair trial. If found guilty, he is sentenced by the judge in accordance with the penalties fixed by law for his particular crime. For most crimes, the judge, or sometimes the jury, is allowed a choice of several penalties.

In some states, the judge or jury may prescribe a minimum sentence (not less than five years, for example), a maximum sentence (not more than 20 years, for example), or one of indeterminate length. An indeterminate sentence may be ended before the maximum period prescribed by law if the prisoner's conduct is good. This differs from parole, under which the prisoner is released on good behavior while the remainder of the sentence is still in effect. The offender may be returned to prison if the terms of the parole are not met. A person released by a pardon is as free as any other citizen. A suspended sentence, or probation, means that a convicted person is allowed to go without serving any part of the sentence. If, however, a later action warrants it, the person may have to serve a term in prison. Community service or a stay in a halfway house are alternatives to prison.