Legal Definitions - deserts

The legal term deserts, when used in this context, refers to the concept of just deserts. This principle asserts that individuals should receive consequences, whether positive or negative, that are appropriate and deserved based on their actions. In the legal system, it most often applies to the idea that a punishment should fit the crime, ensuring that penalties are proportionate to the severity of the offense committed or that compensation is appropriate for the harm suffered.

• Criminal Sentencing: After a defendant is convicted of a crime, a judge determines an appropriate sentence. If a person is found guilty of a minor shoplifting offense, they might receive a probationary period and a small fine. Conversely, someone convicted of a violent felony, such as armed robbery, would likely face a significant prison sentence. This illustrates just deserts because the severity of the punishment is intended to be proportionate to the seriousness of the crime committed and the harm inflicted on society.

• Civil Damages for Breach of Contract: Imagine a construction company fails to complete a building project on time, causing the client to lose rental income for several months. A court might order the construction company to pay the client an amount equal to the lost rental income and any additional costs incurred due to the delay. This outcome reflects just deserts because the compensation awarded is intended to make the wronged party whole again, providing them with what they deserved to receive under the original contract, rather than an arbitrary penalty.

• Professional Disciplinary Action: A lawyer is found to have committed a minor ethical violation, such as failing to promptly return a client's phone calls, and receives a formal reprimand from the bar association. However, if another lawyer is found to have embezzled client funds, they would likely face disbarment, losing their license to practice law. In both scenarios, the disciplinary action is designed to be the lawyer's just deserts, meaning the consequence is tailored to the gravity of their professional misconduct.