retribution Flashcards
describe the aim of retribution?
Retribution is based on the idea of punishment.
It’s based on the idea that criminals should get their ‘just deserts’, in that the punishment should fit the crime
Retribution contains an element of revenge, in that society and the victim are being avenged for the wrong done.
This aim of sentencing does not seek to reduce crime or alter the offender’s future behaviour, but aims to merely inflict punishment in proportion to the offence.
Based on the biblical concept ‘an eye for an eye and a tooth for a tooth and a life for a life’. This was one of the factors used to justify the death penalty for the offence of murder.
A judge using this aim is only concerned with the offence that was committed and making sure that the sentence given is in proportion to that offence.
The Sentencing Council produces guidelines for all main categories of offences which guides judges when sentencing.
what punishments meet retribution?
The idea of proportionally leads to a ‘tariff’ system or fixed scale of mandatory penalties for different sentences.
Punishments express society’s outrage at a crime, e.g, Hate crime carries a maximum of 5 years for GBH, however this sentence is ‘uplifted’ if racially motivated to 7 years. This expresses societies greater outrage at the offence.
links to unit 2 in criminological theories
The right realists would consider retribution as a fitting punishment.
The defendant is being punished which they consider is the most important aim of punishment.
There is no consideration of reasons for criminality or prevention of offending.
