Retributivism Flashcards
(19 cards)
What is the core principle of retributivism?
That offenders should be punished because they deserve it, not because of future benefits.
What approach does retributivism take to punishment?
Backward-looking — it focuses on past wrongdoing.
How does retributivism view justice compared to utilitarianism?
Justice is about moral desert and fairness, not usefulness or outcomes
How did retributivism critique utilitarianism?
it supported disproportionate sentences and ignored the rights of offenders
What did Kant say about using people as a means to an end in punishment?
People must never be used as a means — punishment is only just if it’s deserved, not to deter others
What is ‘lex talionis’?
The principle of “an eye for an eye” — punishment should directly mirror the crime.
What is Kant’s view on punishing murderers?
The death penalty is morally required — anything less fails justice.
‘Lex Talionis’
What is “just deserts” theory?
A modern version of retributivism focused on giving offenders exactly what they deserve
Who championed the “just deserts” model in the 1970s?
Andrew von Hirsch
What are the two types of proportionality in punishment?
Cardinal (ranks severity of punishment) and Ordinal (ranks seriousness of crimes).
What UK legislation established sentencing guidelines?
The Criminal Justice Act 2003 (not mandatory) Coroners and Justice Act 2009 (mandatory).
Give an example of retributivist policy in shoplifting reform (2025).
Crime and Policing Bill- Reclassifying all shoplifting as arrest-able to reflect moral seriousness
What are some mitigating factors considered in sentencing today?
Age, remorse, first offence, addiction, guilty plea.
Why did the Brock Turner sentence provoke retributivist critique?
It failed to proportionally reflect the seriousness of his crime.
What is a key critique of retributivism from a sociological perspective?
It treats all offenders as equally blameworthy and ignores structural factors like inequality and trauma that may influence criminal behaviour.
What is a practical challenge of applying retributivism in sentencing?
It is difficult to objectively measure how much punishment is deserved for different crimes.
Who developed retributivism?
Kant
What lead to the emergence of the just deserts principle?
poor evidence of effective deterrence, failing rehabilitation and growing use of prisons for incapacitation (more unjustifiably harsh sentences)
What is denunciation?
Denunciation-that punishment expresses society’s moral condemnation and reinforces that the punishment is deserved
