Essay: Retribution is Good to the Extent it Confers Pain

Essay: Retribution is Good to the Extent it Confers Pain
27/11/2011 Comments Off on Essay: Retribution is Good to the Extent it Confers Pain Academic Papers on Sociology,Sample Academic Papers bernard

Sample Essay

Retribution is good to the extent of which it confers pain and equivalent punishment (Jeremy, 1948). Its modalities are rooted in justice hence retributive justice. However, the criminal laws should exercise caution in determining the magnitude of punishment. As noted on incapacitation theory, imprisonment becomes a good way in dealing with criminals.

For sure, if somebody cuts another person’s finger, there could be other punishment mechanisms that can be adopted through the programs in the prisons. At least, due process of the law should prevail. As expressed in Latin, habeas corpus meaning a person should be brought in court and determine the lawfulness of his/her case. S/he should get a chance to explain the reasons that led him/her to cut the other’s finger and the circumstances altogether. In this way, the case will establish if the plaintiff was justified or not to carry out such an act. The problem with retributive punishment is that it alludes to a fallacy called selective observation. Here, the conclusions by another party to another party disregard possible rational factors. It is the famous phrase that goes, ‘do not judge a book by its cover. Vengeance and retribution have al most the same implications and hence the same defects.

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