retribution

• what is retribution?

  this is a backward looking aim that supports the idea that the punishment should fit the crime. it believes in fairness and proportionality and states that the more serious the offence the more harsh the sentence should be
• retribution example - drink driving that causes death

  retribution contains an element of revenge in that society and victims are avenged for the wrongful act that was committed. for example, longer prison sentences for causing death by drink driving were justified in this way. the maximum prison sentence was increased from 5 years to 10 years in 1993 and then increased again after the Criminal Justice Act of 2003
• strengths and weaknesses of retribution

  the idea of an eye for an eye makes the world blind means that it may not be justified to treat offenders harshly simply because they have committed a wrongful act. it also fails as a deterrent with murder rates being 25 % higher in states that have the death penalty. however, it ensures that victims have justice as the punishment is proportionate to the level of crime
• broken windows theory

  rights realists believe that low level crime would increase if not checked. they referred to small scale crimes as incivilities. this idea was called the broken windows theory by Wilson and Kelling. they preferred zero tolerance policing because it ensures that the defendant is being punished to appropriate levels.
• evaluation of the death penalty

  the death penalty ensures that the crime won't be committed again which provides justice for the victims and could bring them peace of mind. however, it doesn't act deterrent with states with the death penalty having higher murder rates than those without. the death penalty can also cause major miscarriages if they convict the wrong offender - Cameron Todd Willingham
• how is Cameron Todd Willingham an example of a disadvantage of the death penalty?

  he was wrongfully convicted of arson that killed his children. he was sentenced to death. after his execution, they found evidence that suggested that he was not guilty of the crime which showed that they took his life for a crime he did not commit. this is a major miscarriage of justice.