Retribution: The Five Factors When Sentencing An Offender
Once a defendant is tried, he/ she is sentenced, or punished, by a judge. A judge considers many factors when sentencing a defendant. One of the factors are rationales, or justifications, for criminal punishment. There are five rationales. They are as follows:
1. Retribution
2. Incapacitation
3. Deterrence
4. Rehabilitation
5. Restoration and Victim’s Rights (Bohm & Haley, 2014, pp. 330-331)
Retribution is the only rationale that specifically addresses what has happened in the past. It has two main forms known as revenge and just deserts (Bohm & Haley, 2014). Revenge is the act of wanting someone to suffer for their wrongdoing. Just deserts the act of punishing an offender because he/she “deserves” it (Bohm & Haley, 2014). Revenge is
1. Retribution
2. Incapacitation
3. Deterrence
4. Rehabilitation
5. Restoration and Victim’s Rights (Bohm & Haley, 2014, pp. 330-331)
Retribution is the only rationale that specifically addresses what has happened in the past. It has two main forms known as revenge and just deserts (Bohm & Haley, 2014). Revenge is the act of wanting someone to suffer for their wrongdoing. Just deserts the act of punishing an offender because he/she “deserves” it (Bohm & Haley, 2014). Revenge is