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What is the primary goal of retribution?
Does punishment fit with retribution?
What is retribution in criminal law?
What is retribution based on?
Apr 25, 2018 · Retribution is a common justification for tough sentences. Incapacitation, or preventing crime by keeping people in prison or jail is also a common rationale. Then there is deterrence, the...
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- The Un-Making of Criminal Offenders
- RETRIBUTION: THE CENTRAL AIM OF PUNISHMENT
- HarvardJournal of Law & Public Policy
- Retribution: The CentralAim of Punishment
- [Vol. 27
- Retribution: The CentralAim of Punishment
- Retribution: The Central Aim of Punishment
GERARD V. BRADLEY When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious cri...
[Vol. 27 incapacitation are not adequate bases for sentencing those convicted of crimes. Neither, ultimately, is rehabilitation. These goals may contribute to a sound account of punishment-they may be secondary aims of punishment-but none can, on its own, morally justify punishment.3 Only retribution, a concept consistently misunderstood or entirel...
21 literally, but I doubt that any has actually done so consistently. Rather, societies typically deprive criminals of human resources-time, limb, life, or money-which have no relation to the particular criminal harm. More primitive societies impose the universal privations of pain and humiliation upon criminals regardless of their crimes. In any e...
punishments for a given crime. Legislative and judicial authorities necessarily (and rightly) make the important choices in sentencing about fairness and proportionality, governed by a sense of the sentence's aptness to the crime and its coherent position within the global pattern of possible sentences. In other words, while moral reflection can te...
23 the exact form that fair cooperation with others should take; they make general moral obligations concrete and explicit. "Drive in an orderly, consideration fashion" therefore includes an obligation to yield to cars and pedestrians in the right of way. Further, the law tells people how to determine who has the right of way under certain conditio...
29 scapegoating as punishment at all, for by hypothesis they know that the individual being sacrificed has done nothing wrong. Passing it off as punishment necessarily involves deception, for the scapegoat would have to be declared "guilty" of the heinous act about which the citizenry is enraged. The scapegoat is thus not selected fairly or reasona...
- Gerard V. Bradley
- 2003
retributive justice, response to criminal behaviour that focuses on the punishment of lawbreakers and the compensation of victims. In general, the severity of the punishment is proportionate to the seriousness of the crime.
- Jon'a F. Meyer
- Specific and General Deterrence. Deterrence prevents future crime by frightening the defendant or the public. The two types of deterrence are specific and general deterrence.
- Incapacitation. Incapacitation prevents future crime by removing the defendant from society. Examples of incapacitation are incarceration, house arrest, or execution pursuant to the death penalty.
- Rehabilitation. Rehabilitation prevents future crime by altering a defendant’s behavior. Examples of rehabilitation include educational and vocational programs, treatment center placement, and counseling.
- Retribution. Retribution prevents future crime by removing the desire for personal avengement (in the form of assault, battery, and criminal homicide, for example) against the defendant.
Quite contrary to the idea of rehabilitation and distinct from the utilitarian purposes of restraint and deterrence, the purpose of retribution is actively to injure criminal offenders, ideally in proportion with their injuries to society, and so expiate them of guilt. Why Is Retribution Used?
Jun 18, 2014 · The concept of retributive justice has been used in a variety of ways, but it is best understood as that form of justice committed to the following three principles: that those who commit certain kinds of wrongful acts, paradigmatically serious crimes, morally deserve to suffer a proportionate punishment;
That is, the primary goal of retribution (in its original form) is to ensure that punishments are proportionate to the seriousness of the crimes committed, regardless of the individual differences between offenders, other than mens rea and an understanding of moral culpability.
