Retributivism
- Created by: rachel
- Created on: 18-05-13 13:30
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- Retributivism
- Backward looking - justified because it is deserved - not as a means to an end
- Some people in prison commit offences to go back there so is it a punishment? Varies. Can never work for everyone
- Courts should not give a custodial sentence unless it was so serious that neither a fine alone nor a community sentence can be justified for the offence. (CJA 2003)
- Just deserts / desert theory
- How do you measure "seriousness"
- Punishment justified as it's deserved. "just desert"
- Just deserts / desert theory
- How do you measure "seriousness"
- Just deserts / desert theory
- "An eye for an eye, a tooth for a tooth, a life for a life"
- Lacey suggests two problems with basing our system of punishment on this idea
- Desert theorists assume that offenders are free willed and can therefore be held morally to account for their actions.
- No reference or concern of future offending
- Aims to make punishment certain, consistent and fair.
- How can it consistent when every set of case facts is different with mitigating and aggravating factors
- In UK they're ranked ish in Criminal Justice Act. Also categoriesed as indictable, summary or either way - thus sent to different courts with different sentencing powers.
- Zedner: some offences are easy to rank but less serious offences are harder to rank.
- Helps the victim of the offence feel that justice has been done
- Backward looking - justified because it is deserved - not as a means to an end
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