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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.
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims.
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.
The United Nation's participation in the field of criminal justice and crime prevention can be traced back to its predecessor, the League of Nations.However, this participation was limited to a Child Welfare Bureau that focused mainly on the issue of juvenile delinquency, and which worked closely with the International Penal and Penitentiary Commission (IPPC).
Over the years, Americans have developed mechanisms that institute and enforce the rules of society as well as assign responsibility and punish offenders. Today, those functions are carried out by the police, the courts, and corrections. The early beginnings of the criminal justice system in the United States lacked this structure.
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.
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).