CHECK THESE SAMPLES OF The Use of Retributivism
In addition, the proponents of this principle assert that the determination of the justification and use of punishment should occur in line with the principle of utility.... The main aims of developing theories of punishment if to provide the reasons for the necessity of punishment and the extent of the imposition of punishment....
12 Pages
(3000 words)
Research Paper
retributivism and Utilitarianism There are four fundamental justifications behind criminal punishment: retribution, deterrence (including incapacitation), rehabilitation, and protection of society (Hagan, 2010:103).... In retributivism, neither the future conduct of the offender nor the future impact on society are significant in determining punishment (Yacoubian, 1998) Hagan describes it quite appropriately as society's equivalent for the individual's revenge....
5 Pages
(1250 words)
Essay
Failure to take various factors such as social, economical, etc into account during imposing a penalty is another argument that critics use against retributive principles.... Basing sentencing on retributive principles is the most effective means of producing a less punitive range of outcomes....
8 Pages
(2000 words)
Essay
The potential use of the view of Dworkin on rules and principles for explaining the decision of the court in the case Riggs v Palmer is examined in the study of Siltala (2000).... hellip; The differentiation between rules and principles is made clear when referring to their use by judges....
5 Pages
(1250 words)
Research Paper
Primarily, utilitarianism places focus on the consequences of the punishment, while retributivism is concerned with retributive justice which is associated with the infliction of harm on the transgressor.... This essay "Utilitarian Versus Retributivist Views" is about the seriousness of the concept of punishment, which moral philosophy has attempted to rationalize punishment and justification, with two main theories being the most dominant: utilitarian and retributive theory....
6 Pages
(1500 words)
Essay
Ethics of Plea Bargaining (Name) (University) Plea Bargaining The plea bargaining system arose due to the increasing complexity, duration, and cost of criminal trials, and it gained importance due to the increasing use of adversary procedures based on the law of evidence.... Ethical Concern The plea bargaining system arose due to the increasing complexity, duration, and cost of criminal trials, and it gained importance due to the increasing use of adversary procedures based on the law of evidence (Chambliss, 2011)....
12 Pages
(3000 words)
Term Paper
retributivism approach can be either positive or negative.... Positive retributivism believes that sentencing is a sufficient and necessary precondition while the negative retributivism regards punishment as a necessary precondition.... Name Professor Course Date Definition Sentencing rationales cannot be defined comprehensively, and a better understanding of this concept is achieved through the assessment of principles that inform punishment....
3 Pages
(750 words)
Term Paper
'It may be said that any theory of criminal punishment leads to a requirement of some kind of mens rea.... The deterrent theory is workable only if the culprit has knowledge of the legal sanction; and if a man does not foresee the consequence of his act he cannot appreciate that punishment lies in store for him if he does it....
11 Pages
(2750 words)
Essay