message regarding punishment is clear and understandable. Likewise, the certainty of punishment is addressed through an expressed sentencing policy. To the extent that the visibility of punishment deters, the consequences are clear to those who would evaluate them before breaking the law. To those who do not evaluate the consequences and continue their behavior, the consequences will affect their future behavior.

The second factor in punishment is rehabilitation. This factor assumes a person has broken the law and seeks to deter future criminal behavior by altering their behavior. Rehabilitation seeks to teach offenders that certain conduct is unacceptable and to encourage them to avoid such conduct in the future. While it was accepted that rehabilitation was a primary concern with new or low level offenders, it was not demonstrably effective on repeat offenders. As repeat offenders made clear through continued criminal acts, probation and other alternatives aimed at rehabilitation were simply not effective.

To illustrate this point, one need only review the recidivism rate in California. The 1998 Corrections Yearbook showed the recidivism rate for inmates released in 1997 in California as 55.9% in the two years following release. This is the second highest in the United States. The recidivism rate for inmates released in 1996 was 57.0% in the three years following release. For those released in 1995, the rate was 49.9% tracked over two years following release. These figures are consistent as one tracks backwards. This means that at least 50% of the offenders who are released from prison re-offend within two years of their release. Necessarily, this only relates to the crimes for which these individuals are arrested and convicted. It does not include crimes they commit for which they are never arrested. It is not unreasonable to assume that a significant percentage of such repeat offenders have committed other crimes for which they have not been arrested or convicted.

The third factor is retribution. Retribution is defined as "deserved punishment for evil done." (Webster's New World Dict. (2d college ed. 1982) p.1215). Simply put, it is

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