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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.
Community sentence [1] [2] or alternative sentencing or non-custodial sentence is a collective name in criminal justice for all the different ways in which courts can punish a defendant who has been convicted of committing an offense, other than through a custodial sentence (serving a jail or prison term) or capital punishment (death).
In England and Wales, section 142 of the Criminal Justice Act 2003 has specified that in cases involving those over 18, courts should have regard to punishment of the offenders retribution, deterrence, reform and rehabilitation, protection of the public, and reparation to persons affected by their offences. [5]
Punishment can be explained by positive prevention theory to use the criminal justice system to teach people what are the social norms for what is correct, and acts as a reinforcement. Punishment can serve as a means for society to publicly express denunciation of an action as being criminal.
The United States Constitution contains several provisions related to criminal sentencing. The Excessive Fines Clause and the Cruel and Unusual Punishments Clause of the Eighth Amendment to the United States Constitution prohibit certain disproportionate sentences. Further, the Cruel and Unusual Punishments Clause prohibits the imposition of ...
Native Americans are largely overrepresented in Western penal systems, and are moving towards self-determination in administering restorative justice to their communities. Some alternatives that have been suggested are community-based programs, participation in Western sentencing circles, and re-institution of traditional corporal punishment. [15]
President-elect Donald Trump’s historic sentencing draws mixed reactions as the unprecedented criminal case is expected to see appeal to the Supreme Court. After officially being sentenced on ...
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.