Flashcards
Retributivism
Flashcards do conjunto (8)
- 1Historical foundationsKantian
Hegelian
Modern - 2Rationalepunishment =
relevant and deserved
consequences are irrelevant
protective of rights (to an extent)
assuming rationality of offender - 3Kantianpunishment should always be deserving
never means to greater good
never punishing innocent
life for life
morality, doing right thing rather than what is useful
against discretion - 4Hegelian'right to punish'
righting wrong more important than deterring/preventing
crime as choice
criminal as rational - 5Punishment as the annulment of crimepunishment cancels out crime
"justice freed from subjective interest"
obedience based on duty not coercion
deterrence = side effect - 6Criticism of classical retributivismcruel and unfair
Tonry: proportionality conflicts with parsimony
Rubin: doesn't address how prisoners should be treated in prison
what about mitigating/aggravating factors?
to whom should debt be paid?
Walker: unclear view on repentance/remorse? - 7Modern retributivismvon Hirsch:
JUSTICE = aim
proportionality
respect for human dignity
recognising agency
CENSURE
limits on severity, restrained incapacitation
against humiliation, degradation
ordinal and cardinal proportionality - 8policy implications of modern retributivismlowering sentences won't be popular
BUT
Lippke (2007): constraints on way punishment is handed out
improving prison conditions
reducing costs
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- Undergraduate degree Criminology FlashCards sobre Retributivism, criado por Danielley em 04-06-2014.
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- Danielley
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