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Garofalo's Discipline

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Garofalo rejected the traditional rule that discipline ought to fit the wrongdoing, contending rather that it ought to fit the criminal. As a decent positivist, he trusted that offenders have little control over their activities. This denial of through and through freedom (and, consequently, of good obligation) and fitting the discipline to the guilty party would in the end lead to sentencing went for the sympathetic and liberal objectives of treatment and restoration. For Garofalo, nonetheless, the main inquiry to be considered at sentencing was the risk the guilty party postured to society, which was to be judged by a wrongdoer 's
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