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Retribution
The oldest theory of punishment
Based on the idea that the criminal ought to suffer for his wrongs
and sins
also captured in the term, lex talions (an eye for an eye, a tooth
for a tooth)
(See Leviticus 24:17-24)
THE
See
UTILITARIANISM INCAPACITATION/PROTECTION
Punishment should aim to keep criminals away from society to
protect the latter from the misconduct of the former
Capital punishment for example, frees society forever from the
evil of hardened or wicked criminals
Long prison sentences would keep dangerous elements in society
from preying on the law abiding ones
Incarcerate to incapacitate
Prison may not change future behavior but it forestalls
expression of that behavior in public
CRITIQUE
Incarceration is not the only form of incapacitation
Innocent persons could be marred, scarred and stigmatized for
life
CONSIDERATIONS FOR CHOOSING A BASIS FOR PUNISHMENT