The punishment of innocents invalidates the “weak retributivist” (Alexander, 1983, p. 238) position for it contradicts its moral injunction against the persecution of innocents (Lempert, 2002).
“Strong retributivism” posits that the injustice imposed on the innocent minority is less than that society will suffer were the guilty not sufficiently punished (Alexander, 1983, p. 238). However, the assumption that the obstacle to assuring just punishment lies in the lack of capital punishment, rather than a fallible justice system (Hood & Hoyle, 2015), is wholly misguided for the risk of offenders escaping justice remains regardless of the death penalty.
“Strong retributivism” posits that the injustice imposed on the innocent minority is less than that society will suffer were the guilty not sufficiently punished (Alexander, 1983, p. 238). However, the assumption that the obstacle to assuring just punishment lies in the lack of capital punishment, rather than a fallible justice system (Hood & Hoyle, 2015), is wholly misguided for the risk of offenders escaping justice remains regardless of the death penalty.