retribution - proportionality Correct Ans-punishment should fit the crime - it should be
equal or proportionate to the harm done as in the idea of an eye for an eye
this is why some people argue that murderers should suffer the death penalty
the idea of proportionality leads to a tariff system or fixed scale of mandatory (compulsory)
penalties for different offences: so many years jail for armed robbery, such and such for a fine
for spending and so on
retribution - expression of moral outrage Correct Ans-although retribution might have
good effects (such as deterring potential offenders), this is not its purpose
instead, it is simply a way for society to express its moral condemnation or outrage at the
offender
punishment is morally good in itself, regardless of whether it changes the offenders future
behaviour
retribution is a justification for punishing crimes already committed, not a way of preventing
further crimes
retribution - right realism Correct Ans-zero tolerance approach to policing
harsher sentencing
rational choice theory:
-retribution assumes that offenders are rational actors who consciously choose to commit
their crimes and are fully responsible for their actions. they must therefore suffer the outrage
of society for what they have chosen to do
, AC2.2 Exam with Complete Solutions
retribution - functionalism Correct Ans-sociologist Durkheim:
-the moral outrage that retribution expresses performs the function of boundary
maintenance. punishing the offender reminds everyone else of the difference between right
and wrong
statements about retribution Correct Ans--it supports the infliction punishment on an
offender in the belief that they should atone for their crimes, and eye for an eye
-the penalty should fit the crime. criminals should get their just deserts. the punishment
should be proportionate to the crime
-there should be a relationship between the degree of punishment and the wrong done to
society
-sanctions should be ordered in order to correspond with the seriousness of the crimes
concerned
-the justification for punishment is because the offender deserves it
-offenders are free willed and can therefore be held morally to account for their actions
-victims have been wronged through the offenders actions therefore society should demand
that offenders be punished (and caused an equal amount of pain) for this harm
-punishments can be seen as a display of public revulsion for the offence; a form of revenge
-retribution does not seek to alter future behaviour, merely to inflict punishment in
proportion to the offence
criticisms of retribution Correct Ans--it can be argued that offenders deserve forgiveness,
mercy or a chance to make amends