Difference Between Utilitarian And Retributive Punishment

Decent Essays
Utilitarian and retributive positions of legal punishment can be coherently combined, although they have two competing views. One's confusion will disappear once they realize that both justifications for punishment seems to present what both sides want to say. Retributivism insists that no man can be punished unless he is guilty of breaking the law. Utilitarian's agree that punishment should only be inflicted for breaking the law, however they're focus is justifying the punishment with the good of society. To explain this simply, try to view retributivists as judges, and utilitarians as legislators. Although they hold different offices, duties and goals, they all work under the system of rules that make up criminal law. Legislators (utilitarianism)

Related Documents

  • Decent Essays

    Retributionists believe incarceration is the payment for the crime actually committed. They think the criminal will not repeat their crime because they have accepted responsibility and feel satisfied they have been punished adequately, and have paid back society.…

    • 216 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    3. The Retributivism punishment can be considered just as a revenge method since it will not benefit the criminal and…

    • 575 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Racial Profiling Ryberg

    • 801 Words
    • 4 Pages

    The retributivist’s idea is that the more severe a crime is, the more severe the punishment should be. With that foundation, two possible reactions are presented as plausible One, is that there is no connection between the way in which individuals are apprehended and the future desirability of apprehending individuals. Second, the way in which individuals are punished does not have an impact on how future individuals will be apprehended. The author concludes that retributivists would not support racial profiling.…

    • 801 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The entire premise under which several if not all the penal codes in the world are drafted, have been with idea that either through the principle of retribution, deterrance, or reformation, the punishment which is being imposed needs to be at par with wrong being committed. Lets look at this from the individual principle point of view to elaborate a clearer picture. If the aim of punishment is in effect retribution, then the wrong may not have been deemed to have been judicially avenged if the wrong “granted” is entirely different. Walker, a prominent author in the area has identified that the sentencing authority must choose the sentence that is most appropriate, and that a retributivist may take extenuating circumstances into account, forgiveness not being one such .From the point of view of detterance and the installation of fear into the minds of both those who have committed the crime and those who are yet to commit them, this act of bargaining only seems to contradict the purpose of detterance entirely.…

    • 1487 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    In John Stuart Mill’s influential book “Utilitarianism”, Mill introduces the belief that moral action is based upon the concept of utility, or how he explains it, the greatest happiness principle. It is this greatest happiness principle that defines Utilitarianism as the notion that the best moral actions are those that promote the most amount of human happiness. Actions that would be regarded as the least favorable are those that promote the opposite, unhappiness. The concept of Utilitarianism and that of Consequentialism are similar as both judge the moral value of an action dependent on its consequences, however each claim leads to different conclusions.…

    • 1497 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    If an individual commits a lethal act, the punishment should be appropriate to the crime. For example, retribution requires a proportion between the gravity of the crime and the severity of the punishment (Barr 2010, 3). When a person faces death through the criminal justice system; justice is restored. If the citizens do not resign offenders to their destiny, then there is an apparent imbalance. Some believe Capital punishment is a retributive measure, a way of giving a person a taste of his own medicine while satisfying our deepest instincts for justice (Blecker 2013, 2).…

    • 1202 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Consider the principle of "innocent until proven guilty. " One side says some crimes are so horrible that we should bend the rules of burden of proof a little bit so that people like mass murderers or child rapists can't go free and hurt more people. The other side says the current burden of proof and the principle of "innocent until proven guilty" might allow many guilty people to go free, but in the long run the principle is better for society because it also reduces the odds of innocent people being convicted of these heinous crimes. Which side is using utilitarian reasoning? The answer: both sides.…

    • 129 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    Utilitarianism simply states that society should find what creates the most utility and apply that action. Philosophy is not performed in a vacuum and every crime has different circumstances that can lead to a different punishment which creates the most utility. Every consequence must be weighed if a certain punishment is applied and every case is unique. A utilitarian decision can be based upon past precedents and experiences, as done in the United States legal system. For example, society would not benefit from the execution of a mentally impaired man that was the cause for another’s…

    • 2649 Words
    • 11 Pages
    Superior Essays
  • Decent Essays

    I agree with both you and Sarah, restorative justice should be seen as an alternative punishment. Even though physical pain is not inflicted on the offender restorative justice upholds "the process of acknowledging the harm caused and undertakes reparative measures to make an amends,intended to be painful and burdensome for the offender". The offender is being striped of their power in order to make them accountable for the harm they have caused but gives them an opportunity to fix the damaged relationships between the victim and also the community. This form of punishment I believe is most benefical because the offender actually has to admit their wrongs, genuoloy apologize, embrace how the victim feels and make an amends, all these interactions…

    • 189 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Punishment Philosophy Punishment is seen as one of the pillars of life and society. Yet the view of punishment is deeply intertwined with the different philosophies of punishment that have become norms throughout time. While many see punishment through polarized lenses of retribution and vengeance, it should be utilized as a positive tool towards rehabilitation which in turn turns the heart away from sin.…

    • 761 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Restorative justice is unlike the two previously mentioned theories of justice. While offenders are the priority-figures in the retributive and utilitarian theories of justice, individuals are the priority-figures under the theory of restorative justice. Therefore, a violation of the social contract is an aggression against society and individuals whom offenders aggressed against (Newmark, 2017c). Because offenders aggressed against society and individuals, offenders bear the burden of addressing the needs, concerns, and repairing the harms they have caused against society and individuals (Newmark, 2017c). Additionally, offenders bear the burden of repairing the conditions and circumstances that led to the violation of the social contract…

    • 268 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    1. The purposes of criminal punishment can simply be divided into two schools of thought: retributionists and preventionists. Identify, define, and discuss the several criminal law key term words that are associated with these two schools of thought and conclude with your opinion of which is the most effective.....or why all are concurrently effective. Be thorough since this is important concerning the purposes of punishment in a modern society. 1.…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    Correctional Ideology

    • 1878 Words
    • 8 Pages

    There are three reasons that society would use to justify a punishment ideology. The first and most common purpose is retribution. Retribution is about society and the victim getting even with the criminal. “The fundamental principle underlying the justice model is that society has a duty to punish those who break its laws and that this threat of punishment is vital in implementing the law” (Wrobleski 557). Society reasons that the answer for people that break the law is to simply get even with them.…

    • 1878 Words
    • 8 Pages
    Great Essays
  • Superior Essays

    I will argue for the view in support of Stephan Nathanson’s statement. There are 2 reasons I support Nathanson’s statement of “Neither equality retributivism nor proportional retributivism can justify the death penalty” (Timmons “Disputed Moral Issues”, page 541-544). Firstly, I believe that equality retributivism cannot be utilized as a means for justifying the death penalty because it is immoral to take another persons life. Second of all, proportional retributivism fails to justify the death penalty because it fails to address how criminals should be punished by being too vague to actually apply.…

    • 970 Words
    • 4 Pages
    Superior Essays
  • Superior Essays

    I will also be defending Jeremy Bentham’s position, and the utilitarian view of punishment. To begin, Immanuel Kant was a firm believer in the term retributivism.…

    • 1240 Words
    • 5 Pages
    Superior Essays