Retribution

• Retribution: means “paying back”
• the punishment is seen as a display of public revulsion for the offence
• punishment is a way for society/victims to get some kind of justice/compensation for what the offender did to them
• retribution is linked to the “eye for an eye” concept - REVENGE
• retributivists believe that crime causes harm, so it’s only fair that criminals suffer too
• Proportionality - the severity of the crime should determine the harshness of the sentence
• Retribution sees it as fair that the offender should be made to suffer for their wrongdoings e.g.: prisons/hard labour/death penalty
• The retributive approach can also be used to deter others from committing similar crimes (deterrence)
• With retribution, there is no attempt to alter behaviour
• what approach does retribution take to crime?

  a “backwards looking approach” - looks at what happened and punishes it
• Retribution historically: the death penalty was used to punish people for crimes often
• how can you apply proportionality to the death penalty?

  applying proportionality to the death penalty meant that different forms of putting people to death had to be thought up to reflect the seriousness of the crime
• how were traitors punished historically?

  hung, drawn, quartered
• how were servants that killed their masters killed historically?

  boiled alive
• how were people convicted of witchcraft killed historically

  burned at the stake
• Retribution today: the sentencing council in the UK helps with proportionality by giving guidelines to courts on appropriate sentences
• what act explained that sentencing guidelines should be followed in the interests of justice 


  the coroners and justice act 2009
• how can retributive justice be seen in mandatory minimum sentencing?

  mandatory life sentence for murder
• crimes motivated by hate are given a what?

  “uplift“ (harsher sentence)
• what does an uplift represent for retribution?

  moral outrage
• China - by 2020, there are 42 offences eligible for the death penalty

  e.g.: armed rebellion, rape, flooding
• china’s crime rate is 1/10 the global average
• what are china’s methods of execution?

  shooting/lethal injection
• what is Iran’s method of execution?


  hanging
• in 2022, there were a minimum of 576 hangings in Iran
• Iran: in 2022, there were a minimum of 576 executions

  e.g.: rape, possession of illegal military weapon
• Saudi Arabia: in 2022, there were 196 executions

  e.g.: rape, homosexuality
• what is Saudi Arabia‘s method of execution?


  beheading
• which theories support retribution?

  right realism, functionalism
• right realism - this links to rational choice theory and sees people as rational actors who consciously choose to commit crime
• Right realism: this is linked to rational choice theory and sees people as rational actors who consciously choose to commit crime
• how does right realism link to retribution

  rational choice theory: they choose to commit crime so are fully responsible for their actions
• give an example of how right realism‘s zero tolerance policy is seen in today‘s society in retribution

  mandatory minimum sentencing
• what does Durkheim (functionalism) say about retribution 


  retribution allows the expression of the moral outrage of society
• functionalism: retribution allows a release of anger/hurt suffered
• what function does retribution bring to society?

  it helps reinforce social norms/expectations of the group and punish deviance
• strengths of retribution:

  • a sense of justice for the victims/society
  • balance/fairness
  • side effect of deterrence
  • can be proportionate
  • places responsibility/free choice on the individual - rational choice theory
• limitations of retribution:

  • could be outdated - should we focus on revenge?
  • why don’t we look at why they did it? - left realism
  • don’t they deserve mercy?
  • a fixed tariff of penalties may mean punishment has to be inflicted even if it won’t do any good
  • how do we decide on proportionate penalties? people disagree about which crimes are more serious
• how does retribution see the offender?


  a free thinking individual