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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.
Qisas or Qiṣāṣ (Arabic: قِصَاص, romanized: Qiṣāṣ, lit. 'accountability, following up after, pursuing or prosecuting') is an Islamic term interpreted to mean "retaliation in kind", [1] [2] "eye for an eye", or retributive justice.
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).
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.
In models of restorative justice, victims take an active role in a process with their offenders who are encouraged to take responsibility for their actions, "to repair the harm they've done—by apologizing, returning stolen money, or community service." [60] The restorative justice approach aims to help the offender want to avoid future offences.
It can be an application of the lex talionis (“an eye for an eye”), but is not always proportional justice, as a similar method may be used to produce a worse or milder effect than the crime it "retaliates". The simplest method of mirror punishment is to enact the same action upon the criminal as the criminal perpetrated upon the victim.
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the Stanford Encyclopedia of Philosophy, the most plausible candidate for a core definition comes from the Institutes of Justinian, a codification of Roman Law from the sixth century AD, where justice is defined as "the constant and perpetual will to render to each his due".
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. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.