Retribution

Retribution

Purposes of Imprisonment Retribution

Introduction to Retribution

Punishing those who violate society’s rules satisfies a desire for vengeance or retribution. Conventional punishment for criminal conduct includes confining inmates in cells, restricting their freedom, and obligating them to follow rigid behavioral codes. People consider imprisonment an appropriate form of punishment for committing crimes, and believe that convicted offenders should receive their just deserts in accordance with societal rules. In the United States, the guarantee of due process requires that governments imprison offenders only in accordance with the rule of law. See Due Process of Law.” (1)

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Notes and References

Guide to Retribution

Goals of Criminal Punishment: Retribution

Introduction to Retribution

Retribution is probably the oldest goal of criminal punishment. The Babylonian Code of Hammurabi, dating from the 18th century bc, contained this principle of equal retaliation. Similarly, the laws of the ancient Hebrews demanded “an eye for an eye and a tooth for a tooth.” The corporal punishments used in England and the American colonies were based on retribution.

Over time many came to believe that the brutal punishments imposed on offenders far exceeded the seriousness of the crimes. French novelist Victor Hugo satirized criminal punishment in France during the 19th century in his novel Les Miserables (1862), in which a character is sentenced to 20 years of hard labor after stealing a loaf of bread to feed his family. When the character later escapes, officials hound him for years as though he had committed murder. Although extreme, this fictional account captured the vengeful nature of punishment in those times.

In the United States, the retributionist philosophy remains apparent in the sentencing practices of courts, the laws enacted by state legislatures and Congress, and the rules and regulations of various correctional programs. Common punishments include restitution; fines; and victim compensation for losses, pain, and suffering resulting from crimes. Furthermore, offenders perform hundreds of hours of public service work as restitution to the state in partial payment for the losses resulting from their crimes.

There is little evidence to indicate that criminals change their behavior as a result of government-imposed retribution. Many released prisoners and former probationers repeatedly commit crimes. The value of retribution to society may be ritualistic. That is, when formal measures of retribution are imposed citizens may feel satisfied that crime has been appropriately addressed.” (1)

Resources

Notes and References

Guide to Retribution


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