the price society exacts for the magnitude of the crime. However retribution is not viewed in the abstract as the only factor affecting punishment. Like everything else in life, criminal behavior is evaluated in terms of past behavior. Thus, our criminal justice system uses enhancements based on past records to increase length of incarceration as an appropriate response to continued criminal behavior. Such reaction is evidenced in other sentencing systems such as the federal sentencing guidelines.

Retribution serves several aspects of the purposes of punishment. Theoretically, the magnitude of the punishment ensures that society exacts a consequence equal to the magnitude of the harm caused. It serves in part to demonstrate there is a consequence for criminal behavior and it expresses some measure of society's evaluation of the harm caused in terms of the magnitude of the criminal sanction. In addition, it functions as a deterrent to others by expressing the measure of punishment and as a rehabilitation technique by making the point that criminal conduct must be altered or there will be consequences.

Finally, legal retribution serves the purpose of preserving peace because it allows society to impose consequences rather the aggrieved imposing consequences. The existence of penalties for crimes helps to eliminate vigilante justice. Of course, the ultimate act of retribution is the death penalty.

In drafting the Three Strikes Law it was concluded that lengthening the specific terms of individual crimes for purposes of retribution was not a significant factor in altering or deterring conduct. This was in part because individual terms are only effective as a deterrent if they are known and understood. Further, it was clear that rehabilitation and retribution had not proven effective in deterring new criminal behavior. The most direct proof being the new criminal behavior. This is not to say that retribution was regarded as an inappropriate consideration in punishment. Society requires a response to antisocial behavior as a way of expressing a measure of its outrage. It is also necessary to preserve public confidence in the system by demonstrating there really are unpleasant

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