Introduction Incarceration as a form of punishment has been the central philosophy in the American justice system. However, opportunities abound to make rehabilitation an integral part of the penal system to ensure that inmate re-entry into society is effective and recidivism avoided. The issue whether the concept of incarceration in the American criminal justice system should remain punitive in nature or not is debatable. Philosophical underpinnings of JS Mill’s Utilitarianism and Immanuel Kant’s categorical imperative might be useful in resolving the conceptual problem of punishment. Contrary to the belief that incarceration is a deterrent, criminal activities increased despite the swelling of prison population across the United States. Harary in Incarceration as a Modality of Punishment considered incarceration as a cornerstone in the American criminal justice system. It is the most common form of punishment for offenders of society. Similarly, in the UK, it is the central form of punishment, putting more emphasis on corrections rather than rehabilitation (“Prison Rehabilitation”). In the modern criminal justice system, one of the main goals of the penal system is the rehabilitation of inmates. This was primarily aimed at preventing recidivist behavior among those who have served their time and re-integrated into society. In the American criminal justice system, there are four goals of punishment. These include: retribution, deterrence, incapacitation and rehabilitation (Harary). In the past two or three decades, the criminal justice system utilized incarceration as a mode of punishment aimed at preventing future crimes and as a form of social control (Harary). Incarceration became the more dominant form of punishment and preventive measures against criminality as seen in three instances. First, the existence of a “three strikes law” that metes out life sentences to repeat offenders. Second, the decreasing age of juveniles that could be tried in adult courts. Finally, sentencing guidelines allow the increase in penalties particularly for repeat offenders (Harary). Vogel in Capitalism and Incarceration Revisited tracked the upward trend of incarceration beginning from the Vietnam War era. By December 31, 2001, there are close to two million prisoners confined in various penal facilities all over the country for various offenses (40). Operating a prison system is expensive. Between 1982 and 1997, expenditure on maintenance of corrections increases 381 percent (43). The current policies in the American penal system were primarily influenced by lessons learned in the prison uprisings in the 60s and 70s. Two important lessons for the penal system include a politically unified inmate population was a threat to the American penal system and the use of arms against unarmed inmates resulted in political and legal backlash (47-48). McRobert in Detention – Last Resort or Just Another Step in the Rehabilitation Process argued that rehabilitation process should be integral to custody or incarceration. Among juvenile offenders, being under custody meant their rehabilitation comes from a period of incarceration. Appropriate rehabilitative programs meant to im