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Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Herbert Leslie Packer (1925 – December 6, 1972) [1] was an American law professor and criminologist.His key work is the book The Limits of the Criminal Sanction (1968), which proposed two models of the criminal justice system, the crime control model and the due process model. [2]
Kant's description of moral progress as the turning of inclinations towards the fulfilment of duty has been described as a version of the Lutheran doctrine of sanctification. [48] Political philosopher Jean-Jacques Rousseau, whose Social Contract influenced Kant's view on the fundamental worth of human beings. Pojman also cites contemporary ...
The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. The theory of criminal justice has deep connections to other areas of philosophy, such as political philosophy and ethics, as well as to criminal justice in practice.
Many philosophers, such as Immanuel Kant, view morality as a transaction among rational parties, i.e., among moral agents. In Richard Dean’s article on Kant’s moral theory he discusses how agents who are able to control their tendencies or drives, are able to remain unbiased as they determine the path of moral action.
Kant thinks imperfect duties allow a latitudo, i.e., the possibility of choosing maxims. The perfect duties instead do not allow any latitudo . Kant uses this distinction in discussing some of the duties that were shown as examples in the Groundwork in more detail (viz., not lying, not committing suicide, cultivating one's talents, and being ...
Therefore, in a rational system, the punishment system must be graduated so that the punishment more closely matches the crime. Punishment is not retribution or revenge because that is morally deficient: the hangman is paying the murder the compliment of imitation. Bentham's ideas strengthened the principles behind the prison system.
As the United States Supreme Court has explained, a due process requirement in Britain was not "essential to the idea of due process of law in the prosecution and punishment of crimes, but was only mentioned as an example and illustration of due process of law as it actually existed in cases in which it was customarily used". [12]