Justice As Retribution Research Paper

Open, View, and/or
Download this Document

Total Length: 3724 words ( 12 double-spaced pages)

Total Sources: 15

Page 1 of 12

Justice as Retribution

Every individual in the globe has a perception towards crime, justice, criminals, and many other aspects in relation to criminals. On hearing the term "criminal," every individual reacts differently. There are those who feel that a criminal deserves to die, others feel they should rot in prison and many other divergent views. However, does it ever occur that a criminal can be a criminal, through a legal process although they did not take part in the crime? This is a serious issue, which requires critical reasoning before going around judging or calling other people criminals. To the main point, retribution is the main topic or the subject matter for this paper. In the criminal context, the term retribution suggests revenge. This revenge, which the court delivers, is unseen by the common people. However, a critical scrutiny suggests that the legal process is also a tool to deliver revenge, on behalf of the victim (Barton 12-80). This is because it involves punishing the offender, as a means to achieve justice for the victim. This does not differ in any way with the concept of "an eye for an eye." This paper is explores various materials in an attempt to provide adequate information concerning justice as retribution.

Introduction

Over the past decade, there has been a paradigm shift witnessed in the legal system, which has seen the adoption of punitive punishment across the globe. The paradigm shift to "punitive populism" has resulted to the increase of imprisonment. Additionally, this has led to an increase in the number of offenders in prison. The prison population is worrying with current statistics suggesting a twofold rise. If there will be maintenance of the witnessed trends, it is likely that in the year 2014 the number of prisoners will have doubled. Such a situation will lead to adverse effects, which is of concern because there will be a burden of cost and maintenance, which the taxpayer will have to cater for (Allen 41-42).

It is impossible to determine why people call for harsh punishment for criminal offenders, but a speculation on this makes it apparent that the guiding motivation seems to be the realization of retribution. The definition of retribution also known as inter alia is the advocacy of penalty to restore justice and equilibrium in the society. Additionally, it also qualifies as a preference for retaliation and an expression of vindictiveness. Overall, there is a lack of adequate research on the issue of retribution, which has resulted to the insufficient and diverse definitions of the term retribution. Notably, there are two approaches to retribution.

On one hand, it has an association with restoring a sense of justice via obtaining or asking for compensation, which is proportional to the damages to the victim (retribution as just deserts). On another hand, it is the less constructive use of punishment to revenge the offender and get back to him (retribution as a form of revenge). The two dimensions do not show any empirical difference. Although some studies suggest that, there is a variation between the two dimensions, it is still hard to understand how justice can be in a form of punitive punishment (justice as retribution) (Barton 12-80).

On the other hand, social justice, which best applies in community justice, defined as the attempt to restore the society by providing a partnership between the local government, private sectors and the community, collectively involves the variables of crime prevention and justice, but offers new ways of thinking away from retribution. In most cases, community justice, draws or borrows greatly from the concepts of restorative justice. Many studies have provided empirical evidence, which suggests that restorative justice is the focal point in community justice, which aims at developing the community's safety and establish the desired results of justice, away from retribution (Clear and John 3-4).

In addition, community justice also borrows greatly from a wide range of ideas ranging from community crime prevention, community policing, restorative justice sanctioning approaches and many others. In order to clarify the meaning of retribution, and further provide the basis of whether the approach is a form of justice, this paper will evaluate the goals of punishment, which originate from the assignation of punishment. However, retribution as revenge arises from divergent ideological views evident for group-based dominance as outlined by social dominance orientation (SDO), and collective security as outlined by the right wing authoritarian (RWA). Notably, the harsh punishments given to offenders have a positive correlation and support the concept of retribution as revenge (Pratto et al. 741-763).

Stuck Writing Your "Justice As Retribution" Research Paper?

View All Our Example Justice As Retribution Research Paper

Have A Custom Example Essay Written



Background

The goals of any justice system are to deliver justice to the victim, which makes it apparent that the purpose of justice is to punish wrongdoers or offenders. In so doing, the justice system accomplishes its role of delivering justice to the victims. However, the people's perceptions concerning the purpose of punishment are in two categories. They include instrumental objectives and retributive objectives. The instrumental objectives provide a justification in the context of future benefits, which are the possibility of reduced crime. In this view, there is likelihood to achieve the objective (Carlsmith, Darley and Robinson 284-299), but research suggests that this leads to retaliation rather than preventing future wrongdoings.

On the other hand, retributive objectives are central to the idea that criminal offenders deserve to receive punishment because they have violated the society's rules, and the punishment must show proportionality to the committed crimes. Additionally, the intensity of a punishment should rely on the perceived seriousness of the offence, the drive and the accountability of a criminal offender. However, while retribution seems to have a correlation to the repayment of such acts, this approach also includes numerous and diverse non-instrumental elements of punishment such as concerns on justice, proportionality, morality, social cohesion and the retaliation of the offence.

Owing to the above, the elements offer a path to measurement of retribution. This has also led to numerous studies in this field. Therefore, there are numerous studies, which argue for retribution as just deserts and retribution as revenge. In the first case, the offender pays back for the harm inflicted on the victims, and in so doing, there is justice. The restoration of justice in the first case is via proportionality and a fair process (Barton 12-80). Notably, by clearing the debt, there is distribution of negative and positive experiences, but there is achievement of a social equilibrium, and a subsequent restoration follows. However, in this case, there is a need for a fair process, which should rely on the severity of the offence to fair compensation.

In the case of retribution as revenge, people want to punish not only as a means to get even (to achieve equilibrium), but also as a form of retaliation. In this case, further, it is apparent that it is the society, which evens the score with the involved offender, and not the offender compensation for the committed crimes. The context of revenge or vengeance, always involves the emotional satisfaction of witnessing the offender go through a form of punishment, which makes them suffer. There are important lessons from the second case, which include; the severity of the offence does not necessarily offer a boundary to the harshness of the given punishment, and there is achievement of equilibrium even if the suffering from the given punishment exceeds the seriousness of the crime.

Importance of the study

There is global consensus that the justice system is fair in the administration of justice, to both the offender and the victim. Additionally, someone has to pay for the crimes committed, the suffering inflicted to innocent people, as an attempt to reduce or eliminate criminal activities. In so doing, there is a feeling that there is achievement of justice, for both the victim and the offender. What some people ignore is that justice is a form of revenge a topic, which all tend to disagree. The topic is debatable, and one importance is that studying or conducting numerous researches on the topic, it will provide an insight to judicial sentencing. The studies from such a topic will also provide substantial information on the conceptual arguments of sociology, philosophy, politics and economics and their relationship with the administration of justice.

Research questions

The following research questions will provide a guide, which will aid the investigation for this research paper. The research questions are as follows;

1) Is retribution based on the concept of the victim getting back to the offender to make them suffer (retribution as revenge)?

2) Is justice achieved through retribution?

Literature Review

Retribution is central to the desire that criminal offenders undergo the same, or experience their "just deserts" as a form of getting what is rightfully theirs. This desire for "just deserts" is apparent in the concept of "eye for an eye," which is core in the lex talionis from which a deduction of "retaliation" derives. In the context of biblical view, the texts from the law books provide a series of rules consisting of punishment for different….....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Justice As Retribution" (2013, November 24) Retrieved June 4, 2026, from
https://www.aceyourpaper.com/essays/justice-retribution-177945

Latest MLA Format (8th edition)

Copy Reference
"Justice As Retribution" 24 November 2013. Web.4 June. 2026. <
https://www.aceyourpaper.com/essays/justice-retribution-177945>

Latest Chicago Format (16th edition)

Copy Reference
"Justice As Retribution", 24 November 2013, Accessed.4 June. 2026,
https://www.aceyourpaper.com/essays/justice-retribution-177945
   

Open, View, and/or
Download this Document
order custom essay example