Search results
Results From The WOW.Com Content Network
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.
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.
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.
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.
In criminology, the Neo-Classical School continues the traditions of the Classical School [further explanation needed] the framework of Right Realism.Hence, the utilitarianism of Jeremy Bentham and Cesare Beccaria remains a relevant social philosophy in policy term for using punishment as a deterrent through law enforcement, the courts, and imprisonment.
For example, victim–offender mediation is just one model of restorative justice, but in the present European context it is the most important one. [43] [44] Restorative justice is not just a theory, but a practice-oriented attitude in dealing (not only) with criminal relevant conflicts. Some have argued that restorative justice may be moving ...
Rational choice modeling has a long history in criminology.This method was designed by Cornish and Clarke to assist in thinking about situational crime prevention. [1] In this context, the belief that crime generally reflects rational decision-making by potential criminals is sometimes called the rational choice theory of crime.
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.