The retribution rational for punishment is like the social contract theory. This simply means that when an individual offender must be punished its because he/she deserves it. There are three types of retribution the first one is negative retribution, which means one who is not guilty should not be punish for crime. The second is positive retribution, which demands that one who is guilty should be punished. The third one is permissive retribution, which means one who is guilty may be punished. All of these retribution refers to those who may be punished but in a way that fits the crime.
According to the criminal justice system they do not allow victims to take matters into there own hands, for example; say some one kills or hurt a dear friend or family member, that doesnt give the family of the victim the right to go out and do the same to the other family. Thats why it is best to leave it up to the justice system to handle the situation and this is called hot revenge with cool justice. Sometimes when the justice system does punish the criminal it seems harsh but in reality thats just they way the system goes you do the crime you do the crime. Another view of this consistent with retribution is that punishment balances the advantage gained by the wrongdoer. It is ones belief that each criminal offender should be punished by the crime. In other words it should balance and fit the crime. So I ask you this. What is appropriate amount of punishment? This is very difficult to answer even for the retrieval.
The Term Paper on In Our Societys Criminal Justice System Justice Equals Punishment You
In our society's criminal justice system, justice equals punishment. You do the crime, and you do the time. Once you have done the time, you have paid your debt to society and justice has been done. Because our society defines justice in this manner, the victims of crimes often seek the most severe possible punishment for their offenders. Society tells them this will bring justice, but it often ...
Punishment of any kind effects people differently for example a whipping may be worse then death then for someone with a low tolerance for pain, than prison for someone with a great need for freedom, and perhaps even pleasurable for someone who enjoys physical pain. Punishment and Treatment Alternatives capital punishment apart from all punishments is a quality of irrevocability. This certain type of punishment leaves no way to correct a mistake. For this reason many people believe that no mortal should have the right or the power to inflict capital punishment, because theirs no way to guarantee that mistakes wont be made. Although criminals may receive the punishment that they deserve, society seems not to agree to the brutalizing image of execution. It is also to ones knowledge that capital punishment consistent with the idea that Violence leads Violence, showing intolerance towards murders.
So I think by doing this society will start to think that this type of punishment is actually cheapening human life, and encouraging blood lust also. With this being that the old Testament law supports the taking of an eye for an eye is used by retentive where as the commandment Thou shall not Kill is used by abolitionist. The justification of capital punishment presents serious and probably unnoted problems. As long they continue using capital punishment to punish wrongdoing, many people have defined this very immoral.
