NR Retributive Justice

Cards (5)

  • New Right
    Retributive justice = punishment fits the crime.
    • Criminals should be excluded and removed from society to protect others
    • Long prison sentences serve as a deterrent as it warns them of the consequences.
    • 'Prison works' because it both deters potential offenders and takes criminals out of circulation.
  • Clarke (on Retributive Justice)

    The cost must outweigh the benefits so long sentences are effective deterrents.
  • 3 Strikes (Retributive Justice)
    'Three strikes and you're out' = three separate convictions results in an automatic life sentence.
    • Led to the quadrupling of the US prison population since the 1990s
    • Right wing politicians in favour of the return of capital punishment as it reduces the prison population and cost of incarceration whilst still acting as a deterrent.
  • Criticism of Retributive Justice
    70% of people who have been to prison return = recidivism
    • USA has the second highest levels of incarceration in the world and still have the lethal injection yet still has the highest levels of crime.
  • Braithwaite (Criticism of Retributive Justice)

    RJ is 'disintegrative shaming' as it stigmatises the individual and separates them from society.
    • Community based punishment for lower level crimes should be used - calls this 'reintegrate shaming'
    • Studies show ex-prisoners have difficulties in re-integrating due to the 'criminal' label