If the goal of criminal penalties is retribution rather than deterrence, then the implicit premise linking criminal penalties to deterrence is rejected

Recognizing the argument’s implicit premises prepares the way for argument evaluation, for they, like the argument’s explicit premise, need to be evaluated when the argument is assessed. If we reject the implicit premises (by, e.g., arguing that the goal of criminal penalties should be retribution, not deterrence), then the argument fails to provide convincing evidence for its conclusion.