Retribution - AC2.2 (Aims of Punishments) Flashcards
What does retribution mean?
Payback and sees punishments as vengeance
What does retribution do?
Expresses the public’s outrage at crime
What does ‘just deserts’ mean?
Offenders deserve to be punished and society is morally entitled to revenge (offenders should suffer for going against society’s morals)
What is proportionality?
A punishment should fit the crime and be equal to the harm the crime has done
What saying is proportionality linked to?
“An eye for an eye”/”A life for a life”
What is a tariff system? (linked to proportionality)
A fixed scale of mandatory penalties for offences
How does retribution express moral outrage?
Moral condemnation by society and a punishment is seen as morally good is an offender changes from it
How would moral outrage not be expressed?
By an offender not being punished
What is an ‘uplifted sentence’ and which crimes fall into it?
Where a crime carries a longer and more serious sentence (e.g. GBH which is increased to 7 years from 5 if it is racially motivated)
Which theories is retribution linked to?
Right Realism:
- Rational Choice theory = offenders are rational actors who consciously commit a crime and deserve to suffer
Durkheim functionalist theory:
- Moral outrage expresses performs the function of boundary maintenance punishing differs right from wrong)
What criticisms are there for retribution?
- Some argue that offenders deserve forgiveness and the chance to make amends
- Fixed tariff systems inflicted even when no good is going to come from it
- Issues with deciding what’s proportionate
