Retributive justice

Every character in Aeschylus's Oresteia is concerned with the notion of justice. The trilogy repeatedly emphasizes a fundamental concept of justice: revenge. It is a really simple but powerfully emotional basis for justice, associating retribution with family, emotions and honor. The Oresteia explores whether the revenge ethic is adequate as a legitimate basis for justice. It depicts the flaws of the practice of personal vendetta: the cyclical nature of blood crimes and the lack of a clear…

these forms of punishment and how are they different? Though both are considered punishment, their philosophy of punishment, approach to punishment, and pursuit of justice are quite contrasting. The philosophy behind rehabilitation and retribution is the core of their differences. The idea of rehabilitation stems from a…

In healthcare, the decisions around patients should be utmost to the benefit of the patient. Beneficence is the ethical principle that underlines that. As Edge & Groves stated, it is the practitioners’ obligation to promote decisions to better the health of a patient while not inhibiting a patient’s right to autonomy (2006). Any decisions made available to patients should be for the good. John Cutler, the study doctor of the Tuskegee group, stated in Deadly Deception that the withholding of…

The “justice as healing” worldview focuses on Navajo responses to crime that promotes healing damaged relationships, expressing feelings, and reconciliation (Yazzie, 2005). According to the Navajo courts, law reflects social norms that comprise morals, shared values, and emotions (Yazzie, 2005). Punishment is not necessary according to Navajo responses, but restorative values such as renewing damaged relationships and making amends for victims who are harmed by the offender remains essential for…

the less likely the person will reoffend (Irwin et al.). To begin to understand restorative justice, one must understand what it means to break the law. He or she must also understand what all crime entails and how it effects everyone around the offender. Retributive justice does nothing to help the offender recover from crime, nor does it stop any criminal behavior. On the other hand, restorative justice helps the prisoner or offender recover from criminal tendencies and re-enter society as a…

The arrest phase of a crime could have you at the very beginning of a long process through the American criminal justice system. For the most part, it doesn 't matter what state you are in, the steps are usually the same. After an arrest takes place a criminal is “booked” into police custody. This is where your photo and fingerprints are taken as a matter of record as well. Between now and any trials there is the matter of arraignment, possible plea bargaining, preliminary hearings and pre-trial…

of the important aspects of criminal law. Critically discuss the various forms of punishment and how courts determine a sentence. Given the broader South African context, argue in favour of a restorative approach to sentencing, as opposed to a retributive approach." The approach to criminal law in South Africa has substantially changed with regards to the apartheid, and post-apartheid eras. This essay looks at the forms, enforcement and processes of sentencing and punishment in South Africa.…

State-based justice systems have long been the established form of addressing injustices in society. The system refers to controls organized by the state and enforced by specific institutions that follow procedures determined by law, such as the courts, prosecutors, police, and correctional facilities (Forsyth, 2007). These controls are based on the principles of deterrence, punishment and retribution through the application of external sanctions on individuals who fail to abide by the legally…

Restorative justice techniques have existed in indigenous communities for many years, even predating retributive justice practices. The focus on community-based justice and the process of healing was essential for the existence of smaller, cohesive societies. This practice is not limited to smaller groups of people. Restorative justice has grown in popularity within the last half of a century, and the Truth and Reconciliation Commission was on the forefront of the paradigm shift of the way…

if they have consciously committed the wrong, and if not; what are the views which challenge this? The punishment described here is retributive punishment. Retributive punishment states that, after a crime has been committed; there is a need for private revenge. The system provides a sentence that is proportional to the harm caused. The positive aspect of retributive punishment is that the emphasis…