The advantages and criticisms of this system will be also discussed. Retributive theories of punishment, otherwise known as absolute theories, work on the age-old notion of ‘an eye for an eye’, and in doing so, seek to correct upsets in legal balances that have come about as a result of a committed crime; making it one of the oldest approaches to criminal punishment in existence. Although most crimes are both illegal and immoral like rape, murder, theft etc., there are crimes like traffic offences and jaywalking which although illegal cannot be said to be immoral. Hence, a lenient and reformative system of punishment should be observed in such cases. A moral satisfaction is obtained from the punishment which is given importance, as punishment is seen as “payback” as Retributivists believe that the criminals deserve the punishment they receive. This theory is based on the assumption that offenders are punished to prevent and discourage them from engaging in crimes in future. The Appeal of Retributive Justice. Sometimes a greater good can be achieved by pardoning a criminal instead of punishing him. Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 10. The punishment for the crime should be proportionate. Desert refers to the demerit made by the offender which resulted in a crime, it can be said to be a three-way relationship between the person who deserved the punishment, what they deserve, and the virtue in which they deserve the punishment.
Retribution is perhaps the most intuitive — and the most questionable — aim of punishment in the criminal law. According to Kant and other retributivists, the guilty deserve punishment; punishment is their just desert. The wrongdoers could be pardoned by the victims of the crimes. All legal systems recognize the need of punishment in response to crimes. Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 25. Theories Of Retributive Justice 1262 Words | 6 Pages. Does another interpretation of retributive theory exist? Instead of restitution where the wrongdoes repays the society what he gained from the crime, but such a punishment is flawed. Retributivists have not given guidelines or principles which makes it more moral than legal. ‘An eye of an eye’, ‘a hand for a hand’ and ‘a limb for limb’ was the law. Crimes like rape, theft, kidnapping, robbery, murder among others would be on increase. But this involves imposing of morality which goes back to the first criticism of the theory. The retributive theory ignores the causes of the crime, and it does not strike to the removal of the causes. Punishment for crimes are decided according to the impact they will have in our society. The theories of punishment can be categorised into four philosophies, the utilitarian philosophy, the retributive philosophy, the abolition philosophy and the denunciation philosophy; while the utilitarian philosophy focuses on maximising the happiness of society by deterring or preventing an offender from committing any prospective crimes, the retributive philosophy seeks to punish the offender as they deserve to be punished. Such a system is woefully inadequate to address crimes like murder since there cannot be any restitution in such cases. The retributive philosophy seeks to punish the offender as they deserve to be punished for the crime they have committed not because crime has to be stopped or prevented. Retributive Theory. It is viewed as a way of getting even with the offender. Lawmakers and judges may hope for beneficial utilitarian consequences from criminal punishment, but they must never punish criminals for the sake of such Governments apply several theories to support the use of punishment so that the society maintains law and order. The idea of equality of punishment is actually difficult to implement in many situations. In the retributivist theory of punishment, the punishment is seen as a form of ‘payback’ for the crimes one has committed. Thus the retributive theory suggests that punishment is an expression of society’s disapprobation for the offender’s criminal act. Moreover, critics of retributive justice argue that the principle is rigid in its singular focus on the offence, thus overlooking other circumstances around the crime. The degree of desert and the proportion of punishment needs to be in balance. It converts into a permanent final judgment what might otherwise be a transient sentiment.”[20], In his evidence to the Royal Commission on Capital Punishment, Lord Denning observed,“ultimate justification of any punishment is not that it is a deterrent but that it is the emphatic denunciation by the community of a crime.”. 259–70. If the public does not believe that punishment is consistent for every offense of a certain crime then, even with notice, the potential punishment may not deter an individual from committing a crime. The Utilitarian Theory Of Punishment 1494 Words | 6 Pages. Retributive theories of punishment The theory places careful emphasis on taking care not to confuse retribution with vengeance, claiming that retribution is an enlightened attempt to restore imbalances caused by criminal misconduct, while vengeance is simply seeking revenge in … Unlike the theory of deterrence and the preventive theory, the retributive theory is a retrospective theory, it looks back. Such discretion was criticized by the scholars of that time.[19]. This distinction is important because the proportional punishment can only be set properly if one knows whether A is morally and causally responsible for the said act. In some respects, punished individuals undergo a restricted form of rehabilitation. Retributivists argue that criminals deserve punishment on account of their wrongdoing. The theory aims at punishing the offender what they deserve according to the acts already committed by them rather than prospectively stopping or preventing them from committing crimes. In the opinion of Hart, punishment should not be for sake of denunciation alone but a deserved punishment does serve as a denunciation. Retributive Theory is applied in the civil courts. He is the former non-executive chairman of the NASDAQ stock market, and The issue of punishment of criminals has been a well debated topic for societies since time immemorial. Retributive is impartial and neutral as it. 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