Source 1:
"RETRIBUTION
This is the idea of giving a punishment because the defendant deserves a punishment because of their actions. It is not a punishment that will try and reduce this type of crime or try to stop the offender from reoffending.
In the 19th century Kant expressed his views in The Metaphysical Elements Of Justice, where he wrote:
åJudicial punishment can never be used merely as a means to promote some other good for the criminal himself or for civil society, but instead it must in all cases be imposed on him only on the ground that he has committed a crimeπ.
From this we can derive that retribution is only concerned with the offence that was committed and making sure that the punishment given to the defendant is in direct proportion to the offence.
Retribution can also be seen in the bible where it is written åan eye for an eye, a tooth for a tooth, and a life for a lifeπ. When a murder was committed and the death penalty was the punishment, this is how it was justified.
In the White Paper of 1990, Crime, Justice and protecting the public, reference was made to the need for sentences to achieve åjust desertsπ, and also stating that punishments should match the harm done, and also show societyπs disapproval of that harm.
But the problem with retribution is that other external factor can intervene with their sentence. For example, if a defendants sentence is to pay a fine, but they cannot afford to pay it as they are too poor they could end up serving a prison sentence.
The choice of punishment can also be affected by whether the offender comes from a stable background with a job, they are more likely to get a non-custodial sentence than those without".
Source 2:
"Retribution
• “An eye for an eye…..”
• Based on the idea of punishment because the
offender deserves it.
• No attempt to alter D’s future behaviour".
Source 3:
Retribution (Punishment)
This is society's revenge for the offence committed. The sentence should fit the crime and there should be an element of blame on the part of the offender. This means that a mentally ill person, for example, would not be punished, i.e. should not be subject to retribution.
Source 4:
Within the English legal system there are six different aims of sentencing. They will be considered when trying to place an appropriate sentence and will be present within that decision either alone or in combination. Retribution is one of the six aims of sentencing and is defined as the punishment inflicted in moral outrage or personal vengeance. Applied to law it simply means recognizing that the criminal has done something wrong and taking revenge on behalf of both the victim and society as a whole. Retribution is a priority in most sentences and In the White Paper of 1990, Crime, Justice and Protecting the Public, reference was made to the need for sentences to achieve 'just desserts', stating that punishments should match the harm done. Retribution is also based on the idea of tariff sentencing and that each particular offence should have particular guidelines...
Source 5:
Punishment
sometimes referred to as Retribution.
This element is intended to show public revulsion from the offence (this has been a constant theme since the Report of the Royal Commission on Capital Punishment 1953) spelt out to punish the offender for his wrong conduct R v Blake [1962] QBD George Blake an infamous spy was given 42 year prison sentence
Lord Hilbery:
"This sentence had a threefold purpose. It was intended to be punitive, it was deigned and calculated to deter others, and it was meant to be a safeguard to this country."
I am right.
|
|
Bookmarks