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Date: April 30, 2024 Tue
Time: 3:53 am
Time: 3:53 am
Results for retribution
2 results foundAuthor: Gerber, Monica Title: Retribution as Revenge and Retribution as Just Deserts Summary: Public attitudes towards law-breakers shape the tone and tenor of crime-control policy. The desire for retribution seems to be the main motivation underpinning punitive attitudes towards sentencing, yet there is some confusion in the research literature over what retribution really means. In this paper we distinguish between retribution as revenge (as the desire to punish criminal offenders to retaliate a past wrong by making the offender suffer) and retribution as just deserts (as the preference to restore justice through proportional compensation from the offender). Results from an online survey (n=176) provide evidence of two distinct dimensions of retribution, but we also show that these two dimensions have different ideological and motivational antecedents, and have different consequences in terms of the treatment of criminal offender. We find that retribution as revenge is associated with the motivation to enforce status boundaries with criminal offenders, as well as ideological preferences for power and dominance (as expressed by social dominance orientation) and in-group conformity (as expressed by right-wing authoritarianism). Endorsement of retribution as revenge also predicts the support of harsh punishment and the willingness to deny fair procedures. By contrast, retribution as just deserts is mainly predicted by a value restoration motive and by right-wing authoritarianism. After controlling for revenge, retribution as just deserts predicts support for procedural justice in the criminal courts. We conclude with the idea that beliefs about proportionality and compensation work as a buffer against the negative effects of revenge. Details: London: London School of Economics & Political Science - Methodology Institute, 2012. 24p. Source: Internet Resource: Working Paper; Accessed September 21, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2136237 Year: 2012 Country: International URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2136237 Shelf Number: 126397 Keywords: Just DesertsProcedural JusticePunishmentRetributionRevengeSentencing |
Author: Slobogin, Christopher Title: Plea Bargaining and the Substantive and Procedural Goals of Criminal Justice: From Retribution and Adversarialism to Preventive Justice and Hybrid-Inquisitorialism Summary: Plea bargaining and guilty pleas are intrinsically incompatible with the most commonly-accepted premises of American criminal justice - to wit, retributivism and adversarialism. This article argues that the only way to align plea bargaining with the substantive and procedural premises of American criminal justice is to change those premises. It imagines a system where retribution is no longer the lodestar of criminal punishment, and where party-control of the process is no longer the desideratum of adjudication. If, instead, plea bargaining were seen as a mechanism for implementing a sentencing regime focused primarily on individual crime prevention rather than retribution (as in the salad days of indeterminate sentencing), and if it were filtered through a system that is inquisitorial (i.e., judicially-monitored) rather than run by the adversaries, it would have a much greater chance of evolving into a procedurally coherent mechanism for achieving substantively accurate results. Details: Nashville, TN: Vanderbilt University - Law School, 2014. 36p. Source: Internet Resource: Vanderbilt Public Law Research Paper No. 15-4 : Accessed April 2, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2583898 Year: 2014 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2583898 Shelf Number: 135141 Keywords: Plea BargainingPunishmentRetributionSentencing |