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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.
Retributive justice is perhaps best captured by the phrase lex talionis (the principle of "an eye for an eye"), which traces back to the Code of Hammurabi. Criminal law generally falls under retributive justice, a theory of justice that considers proportionate punishment a morally acceptable response to crime.
Retributive theories usually put forward that deserving is a sufficient reason for punishment. The main strands of retributivism are: Intrinsic Retribution: Offender deserves punishment because there is intrinsic good in the guilty suffering. Lex Talionis: To restore the balance between offender and victim.
Punishment can be explained by positive prevention theory to use the criminal justice system to teach people what are the social norms for what is correct, and acts as a reinforcement. Punishment can serve as a means for society to publicly express denunciation of an action as being criminal.
Restorative justice is an approach to justice that aims to repair the harm done to victims. [1] [2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm.
But there is already some skepticism emerging. "Kash Patel must prove to Congress he will reform & restore public trust in FBI," Sen. Chuck Grassley said on X.
The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police , prosecution and defense lawyers, the courts and the prisons system.
Classical texts advocating the retributive view include Cicero's De Legibus, written in the 1st century BC. [citation needed] Roman law moved toward monetary compensation as a substitute for vengeance. In cases of assault, fixed penalties were set for various injuries, although talio was still permitted if one person broke another's limb. [32]