The conceptual framework for the American criminal justice system is retributive. It is a legacy of ancient Rome with its brutal slave law. Operating with a retributive justice paradigm, society punishes individuals who do not conform to its laws. Punishment is meant first and foremost to uphold the power of the state by discouraging law-breaking and encouraging law-abiding. It also serves to satisfy the desire for revenge by victims and their families.

In the past punishment was achieved through banishment from the community, isolation within the community, or physical harm such as whipping, mutilation, and hanging. Imprisonment as punishment is a relatively recent practice, replacing previous practices of physical harm, except in the case of capital crimes where in many states the death penalty is still an option.

Imprisonment as punishment involves captivity, isolation, and reduced rights. It is the keystone of the American criminal justice system and increasingly a millstone for healthy community. Even those at the center of the criminal justice system are recognizing its deficiencies and calling for change.