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Simple English definitions for legal terms
maximalist retributivism
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A quick definition of maximalist retributivism:
Maximalist retributivism is a legal theory that says punishment is justified for a criminal who is morally accountable, regardless of whether it will deter others or have other good consequences. This theory believes that a criminal owes a debt to society, which is paid by punishment. The classical form of retributivism argues that society has a duty to punish a guilty and culpable criminal, while the more contemporary form, minimalist retributivism, maintains that punishment should only be given if it is deserved and absolution may be given if it furthers societal goals like rehabilitation or deterrence.
A more thorough explanation:
Maximalist retributivism is a legal theory that justifies criminal punishment as long as the offender is morally accountable, regardless of whether deterrence or other good consequences would result. According to this theory, a criminal has a debt to pay to society, which is paid by punishment. The punishment is also sometimes said to be society's act of paying back the criminal for the wrong done.
An example of maximalist retributivism is the death penalty. Supporters of the death penalty argue that it is a just punishment for certain crimes, such as murder, and that the offender deserves to be punished for their actions. They believe that the punishment is necessary to satisfy society's need for justice and to deter others from committing similar crimes.
Another example is mandatory minimum sentencing laws. These laws require judges to impose a minimum sentence for certain crimes, regardless of the circumstances of the case or the offender's background. Supporters of these laws argue that they ensure that offenders receive a punishment that is commensurate with the severity of the crime and that they deter others from committing similar crimes.
These examples illustrate how maximalist retributivism prioritizes punishment over other considerations, such as rehabilitation or deterrence. Supporters of this theory believe that punishment is necessary to satisfy society's need for justice and to hold offenders accountable for their actions.