Neuroscientific Treatment of Criminals and Penal Theory

Does the implementation of treatment schemes as an integrated element in the sentencing of offenders violate a retributivist view of punishment? Traditional rehabilitationism has often been held to conflict with retributive justice. However, in this chapter it is argued that: 1) treatment schemes can be designed in a way that is fully consistent with retributive proportionality constraints; 2) treatment schemes cannot plausibly be rejected by retributivists as a type of punishment that should be banned in principle; 3) there may be circumstances under which the retributivist should accept treatment schemes even if criminals are being disproportionately punished.