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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).
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 simplest method of mirror punishment is to enact the same action upon the criminal as the criminal perpetrated upon the victim. For example, thieves have the same amount of money taken from them as they stole, one who strikes another is struck in the same way, one who willfully causes another person's death is killed, and so on.
As of 1950, criminal justice students were estimated to number less than 1,000. [citation needed] Until the 1960s, the primary focus of criminal justice in the United States was on policing and police science. Throughout the 1960s and 1970s, crime rates soared and social issues took center stage in the public eye.
In most jurisdictions, being charged with a crime can trigger state civil action in the form of an investigation to determine if the charges trigger the civil statutes that attach to the criminal charges. An example would be criminal charges that can trigger deportation, or the revocation of a professional license, such as a medical, nursing ...
Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment, corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.
Rather, they suggest that only retributive notions of justice, in which the goal of the legal system is to punish people for misdeeds, require the libertarian intuition. Many forms of ethically realistic and consequentialist approaches to justice, which are aimed at promoting future welfare rather than retribution, can survive even a hard ...