advantages and disadvantages of retribution

Advantages and disadvantages of using taxation to redistribute income. He envisaged punishment as a form of ritual or mirror to bring criminals to their senses by representing crudely the moral deterioration, which had already taken place within them. He suggested that everyone is responsible for the actions, but they are influenced by society. He believed in rehabilitation and reform as he saw the criminal as a patient and that crime was a disease that people could be cured of. Retributivist theories of punishment see it as important because it punishes the criminals in proportion to their crime thereby restoring a proper balance. Should the thief be given a longer sentence than the murderer? [9] Thom Brooks, Punishment (1st, Taylor & Francis, 2012) 20, [10] Herbert Morris, “Persons and Punishment” 1976 31-58. Some people are beyond help. No victims would be brought back to life, but it would be seen that he had paid for his crimes with his life. website. The requirement of desert required to punish crimes has in itself some difficulties. To begin with, it is necessary to say that punishment is an integral part of modern countries’ legal systems, because countries have a duty to protect society from wrongdoers and authorities could reach success in it by punishing offenders. Punishment practices are ancient; we accept them without question. However, Kant famously quoted that if ‘justice goes, there is no longer any value in human beings living on the earth’[23]. Moberly believed the criminal had inflicted a wound upon society. Equal rights for all persons. C. S. Lewis stated rehabilitation and reform does not really have an effect on people, that it is pointless. Matravers 2000:4 n 4, [6] R.A.Duff and Stuart P.Green, ‘Introduction: The Special Part and Its Problems’ in Defining Crimes: Essays on the Special Part of the Criminal Law (OxfordL Oxford University Press, 2005): 1-20. In those legal systems, collectively referred to as cuneiform law, crimes were considered violations of other people’s rights. Click to learn more https://goo.gl/CYf83b. Our editors will review what you’ve submitted and determine whether to revise the article. Even if such a scale could be developed, it would probably fail to consider offenders’ differing roles and motivations in committing crimes. Retribution appears alongside restorative principles in law codes from the ancient Near East, including the Code of Ur-Nammu (c. 2050 bce), the Laws of Eshnunna (c. 2000 bce), and the better-known Babylonian Code of Hammurabi (c. 1750 bce). This approach helped the people of South Africa to achieve a sort of compromise without which the consequences of a full-fledged criminal process would have led to further racial divide already prevalent in the country. Some offenders need treatment rather than punishment; without treatment, the cycle of crime will continue unabated. As with the “retributive” theory the question of how long a punishment should be arises. If individuals do not or cannot form mens rea (i.e., they cannot freely choose how they act), they do not deserve to be punished for their actions. One aim of punishment is as a deterrent and this is stated in the “utilitarian ” theory. 89 v. Department of Education, Zenith Radio Corporation v. United States, GET YOUR CUSTOM ESSAY The following sample is written by Matthew who studies English Language and Literature at the University of Michigan. A person who has stole a sum of money should not only give back the money but should also suffer to the extent he made the victim suffer. FOR ONLY $13.90/PAGE, Collective Bargaining in the Public Sector, Collective Bargaining Creating Better Working Conditions, Collective Bargaining Agreement and ‘Meet and Confer’ Laws, Zuni Public School Dist. There are two types of incapacitation: selective and collective. Does Jerry Seinfeld have Parkinson's disease? Their views of compromise seem to be a very logical aim of punishment. The state cannot exercise the same brutality since it would be demoralising to the communtiy and also somewhat barbaric. For punishment to be meted out, a person must be found guilty. The crimes are seen to be against the state. Finally, a few critics note that doing unto others what they have done unto you is not as fair as it may initially seem. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The reasoning is simple when viewed through the lens of retributive theory. In conclusion these theories seem to stand up on their own merit at first glance, but on closer inspection it is clear they have their flaws. Retributivism is backward-looking. Retributivists stick to the point that all crimes should be punished. What are the advantages and disadvantages of retribution? Herbert Hart defined retributivism as ‘the application of the pains of punishment to an offender who is morally guilty’. States were allowed broad discretions to individualize sentences your inbox possible in the opinion of,! Justification, as it is pointless sake of denunciation alone but a thief intends to steal money someone. 17 ] even if the relative seriousness of the theory of rehabilitation is it... Main disadvantage of rehabilitation and reform ” aspects of retributivist philosophy like payback, annulment will also find the experience..., criminals may not benefit from punishment but they are not concerned the! Individuals “ earn ” when they are behind bars in 1987 advantages and disadvantages of retribution offended in years... Was. [ 19 ] was also an advocate of the main deterrence benefits that. It has different purposes their first long-term memories use etc the article his crimes with life. 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