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Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Potential punishment Retribution: Punishment imposed for no reason other than an offense being committed, on the basis that if proportionate, punishment is morally acceptable as a response that satisfies the aggrieved party, their intimates and society. Tariff sentences; Sentence must be proportionate to the crime; Deterrence of the individual
Capital punishment, also known as the death penalty and formerly called judicial homicide, [1] [2] is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. [3] The sentence ordering that an offender be punished in such a manner is known as a death sentence , and the act of carrying out the sentence is known ...
In psychology, punishment is the reduction of a behavior via application of an unpleasant stimulus ("positive punishment") or removal of a pleasant stimulus ("negative punishment"). Extra chores or spanking are examples of positive punishment, while removing an offending student's recess or play privileges are examples of negative punishment.
The Cruel and Unusual Punishments Clause has more to say about capital sentences. First, the Clause entirely precludes the use of capital punishment for crimes other than murder. [9] Even with murder, the defendant must personally kill, attempt to kill, or intend to kill. [10]
Three-strikes laws have been cited as an example of the McDonaldization of punishment, in which the focus of criminological and penological interest has shifted away from retribution and treatment tailored to the individual offender and toward the control of high-risk groups based on aggregations and statistical averages.
Suitable punishment Retribution: Punishment imposed for no reason other than an offense being committed, on the basis that if proportionate, punishment is morally acceptable as a response that satisfies the aggrieved party, their intimates and society. Tariff sentences; Sentence must be proportionate to the crime; Deterrence
There are two main goals of deterrence theory. Individual deterrence is the aim of punishment to discourage the offender from criminal acts in the future. The belief is that when punished, offenders recognise the unpleasant consequences of their actions on themselves and will change their behaviour accordingly.