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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.
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.
This theory emerged at the time of the Enlightenment and it contended that it should focus on rationality. But, because it lacks sophistication, it was the operationalised in a mechanical way, assuming that there is a mathematics of deterrence, i.e. a proportional calculation undertaken first by policy makers and then by potential offenders.
A unified theory of punishment brings together multiple penal purposes—such as retribution, deterrence and rehabilitation—in a single, coherent framework. Instead of punishment requiring we choose between them, unified theorists argue that they work together as part of some wider goal such as the protection of rights. [64]
Retributive theories usually put forward that deserving is a sufficient reason for punishment. The main strands of retributivism are: Intrinsic Retribution: Offender deserves punishment because there is intrinsic good in the guilty suffering. Lex Talionis: To restore the balance between offender and victim.
Restorative justice is an approach to justice that aims to repair the harm done to victims. [1] [2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm.
Retributive justice is perhaps best captured by the phrase lex talionis (the principle of "an eye for an eye"), which traces back to the Code of Hammurabi. Criminal law generally falls under retributive justice, a theory of justice that considers proportionate punishment a morally acceptable response to crime.
One of the main differences between this theory and Bentham's rational choice theory, which had been abandoned in criminology, is that if Bentham considered it possible to completely annihilate crime (through the panopticon), Becker's theory acknowledged that a society could not eradicate crime beneath a certain level. For example, if 25% of a ...