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There are 3 aspects to criminal justice: - special prevention - general prevention (=deterrence) - revenge

by dejj 4y ago

LarryMullins 4y ago
I understand it to be: - retribution (revenge) - deterrence - rehabilitation - incapacitation (they can't re-offend if they're in prison or dead) In these sort of discussions about justice online, the first is often cast as illegitimate, the second as impossible, the third as the gold standard, and the fourth is frequently ignored completely. Few people ever defend retribution, so I will here. Many people who are victims of crimes have a desire to see retribution done. If the government does not play at least some lip service to the desire for retribution, then more people will take it into their own hands. They'll seek vigilante justice. Vigilante justice is dangerous to society because it's often capricious and disproportionate. It is better for governments to sate the desire for retribution using official processes which can be checked with safeguards, such as trials.
- namdnay 4y ago
  > If the government does not play at least some lip service to the desire for retribution, then more people will take it into their own hands. They'll seek vigilante justice. If that were the case, we'd see significantly higher amounts of "vigilante justice" in countries that have abolished the death penalty, right? I think "vigilante justice" is more often than not "vigilante policing", when people believe criminals aren't being sufficiently investigated and arrested, not when people believe criminals aren't being sufficiently executed
  - deleted 4y ago
    [deleted]
  - LarryMullins 4y ago
    The intensity of desire for retribution depends on the cultural context. In any case, you're conflating retribution with the death penalty, but these are not synonymous. Imprisonment is a form of retribution too, as are fines, caning, etc. Any punishment that is unpleasant has an element of retribution.
- pnf 4y ago
  +1 for retribution and social benefits mentioned. Should be obvious. People don't watch enough gangster movies. Or, hell, visit one of the regions of the globe with blood feuds. Not great.
  - LarryMullins 4y ago
    The opening scene of The Godfather is about this. An otherwise law abiding man, let down by the criminal justice system, asking the mob boss to deliver vigilante justice.
prmph 4y ago
You forgot one: rehabilitation, or correction
- pnf 4y ago
  Recidivism

There are 3 aspects to criminal justice: - special prevention - general prevention (=deterrence) - revenge

by dejj 4y ago

There are 3 aspects to criminal justice: - special prevention - general prevention (=deterrence) - revenge

I understand it to be: - retribution (revenge) - deterrence - rehabilitation - incapacitation (they can't re-offend if they're in prison or dead) In these sort of discussions about justice online, the first is often cast as illegitimate, the second as impossible, the third as the gold standard, and the fourth is frequently ignored completely. Few people ever defend retribution, so I will here. Many people who are victims of crimes have a desire to see retribution done. If the government does not play at least some lip service to the desire for retribution, then more people will take it into their own hands. They'll seek vigilante justice. Vigilante justice is dangerous to society because it's often capricious and disproportionate. It is better for governments to sate the desire for retribution using official processes which can be checked with safeguards, such as trials.

namdnay 4y ago
> If the government does not play at least some lip service to the desire for retribution, then more people will take it into their own hands. They'll seek vigilante justice. If that were the case, we'd see significantly higher amounts of "vigilante justice" in countries that have abolished the death penalty, right? I think "vigilante justice" is more often than not "vigilante policing", when people believe criminals aren't being sufficiently investigated and arrested, not when people believe criminals aren't being sufficiently executed
- deleted 4y ago
  [deleted]
- LarryMullins 4y ago
  The intensity of desire for retribution depends on the cultural context. In any case, you're conflating retribution with the death penalty, but these are not synonymous. Imprisonment is a form of retribution too, as are fines, caning, etc. Any punishment that is unpleasant has an element of retribution.
pnf 4y ago
+1 for retribution and social benefits mentioned. Should be obvious. People don't watch enough gangster movies. Or, hell, visit one of the regions of the globe with blood feuds. Not great.
- LarryMullins 4y ago
  The opening scene of The Godfather is about this. An otherwise law abiding man, let down by the criminal justice system, asking the mob boss to deliver vigilante justice.

prmph 4y ago

You forgot one: rehabilitation, or correction

pnf 4y ago
Recidivism