Retributive Theory Of Punishment

1051 Words5 Pages
The retributive theory of punishment follows that punishment is used as a means of retributive justice. It is intended to rebalance any unjust advantage gained by the offender by ensuring that the offender suffers a loss. It is viewed as a way of getting even with the offender. The suffering of the offender does not have any restorative benefits to the victim but it is a desired goal. Offenders are punished because they deserve to be punished. Crime offsets societal balance and punishment restores this balance. The view is that human beings have free will and capable of making rational decisions. An individual who makes a rational decision to upset the balance of society must be punished (Mishra, 2016). The deterrence theory of punishment justifies punishment as a necessary measure to prevent people from committing crimes. It deters previous offenders and those who have not committed a crime and are contemplating committing crimes. The punishment should be sufficient so that people choose not to commit the crime rather than being punished. Laws are intended to maximise happiness in the society. However, because crime and punishment are inconsistent with happiness, they should be kept to a minimum. Only as much punishment required to prevent future crimes should be inflicted when punishment becomes necessary. Because punishment has an effect on both society and the offender, the total good produced by the punishment should exceed the total evil arising from it. Deterrence can

More about Retributive Theory Of Punishment

Open Document