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Retributive Justice Theory

Columbia Southern University

MCJ 5135 Theory of Crime and Criminology

February 25, 2020

Retributive Justice Theory

Overview

The retributive justice theory places emphasis on the punishment for a crime committed rather than the rehabilitation of criminals. This theory ascertains that offenders should be punished according to the magnitude of their crimes (Cavadino, & Dignan, 1997). It also ascertains that the threat of punishment to the offenders is the basis for deterrence of crimes. Offenders or potential offenders get to understand the magnitude of their punishment that awaits then hence shy away from committing a crime. The focus of the theory is the applications of the rule of law to ensure that all the perpetrators of a crime get punished in accordance with the harm they caused in their commissions of a crime (Vermeer, 2014). The criminal justice system is designed to implement this theory as the focus on rehabilitations has offended been deemed inefficient in discouraging crime. The criminal justice system has the mandate to implement the law and entails the law enforcement agencies, the court of law, and the department of prisons where the criminal is incarcerated to serve their sentences.

Although incarcerations have recently been regarded as rehabilitation centers, the severity of the life in prison makes the inmates more prone to violence than before. This implies that the fear of such consequences prevents other people from committing a crime (Hermann, 2017). Several other versions of the same theory ascertain that rational choice and deterrence are choices at hand before the commission of a crime. These choices include abiding by the rules of society or violating the same rules. Most of those who commit crimes take pleasure in it despite the consequences (Nozick, 1981). The retributive theory, therefore, ascertains that the punishment needs to be way more unpleasant than the pleasure of committing a crime, therefore, discouraging them from committing crimes. The principles of deterrence, therefore, stipulate that is the punishment for a crime is too severe; people will weigh the cost and the benefits of the crime and shy away from it altogether.

Source analysis

The article from the criminal justice website provides a comprehensive understanding of the three theories of criminal justice. The focus, however, is on the retributive justice theory, an aspect that has been discussed in detail in the article. The article is very resourceful full and has in-depth information about the topic under discussion, which is the criminal justice theory (Cavadino & Dignan, 1997).

Justice with a Vengeance – Retributive Desire in Popular Imagination provides insight into the implications of retributive justice theory and how the punishment rendered is expected to be of equal measure to the harm committed by the perpetrator. The article also provides an outline of the research, whose result showed the success of retributive justice reducing the rate of a crime in any given society. The article indicates similarities in the implications of retribution justice in deterrence, an aspect that is based on the punishment for a crime committed rather than rehabilitation. The retributions, as indicated in the article, is incarcerations or death sentence depending on the nature of the crime (Perry, 2006).

The article analyzes numerous concepts related to retribution justice, particularly punishment for a crime committed. Like the article from criminal justice, this article emphasizes the deterrence based on the punishment fitted for a crime committed. It has an extensive analysis of the causes of crime and how retributive justice has managed to curb the rates of crime.

References:

Cavadino, M & Dignan, J. (1997). Theories of Criminal Justice (2nd ed.), p. 39. London: Sage

Hermann, D. H. (2017). Restorative justice and retributive justice: An opportunity for cooperation or an occasion for conflict in the search for justice. Seattle J. Soc. Just., 16, 71. https://digitalcommons.law.seattleu.edu/sjsj/vol16/iss1/11

Nozick, Robert (1981). Philosophical Explanations . Cambridge, MA: Harvard University Press. pp. 366–368. ISBN 9780674664791

Perry, R (2006) The Role of Retributive Justice in the Common Law of Torts: A Descriptive Theory, Tennessee Law Review, Vol. 73, p. 177

Vermeer, M. (2014). Power and retributive justice: How trait information influences the fairness of punishment among power holders. Journal of Experimental Social Psychology, 50, 190-201. http://dx.doi.org/10.1016/j.jesp.2013.10.004