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Simple English definitions for legal terms
minimalist retributivism
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A quick definition of minimalist retributivism:
Minimalist retributivism is a legal theory that says punishment is justified only if the offender is morally accountable for their actions. This means that a criminal must deserve to be punished, regardless of whether it will deter others or have other good consequences. The idea is that the criminal owes a debt to society, which is paid by punishment. However, judges can choose to not punish the offender if it would help society in other ways, like rehabilitating them or deterring others from committing crimes.
A more thorough explanation:
Definition: Minimalist 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. It maintains that no one should be punished in the absence of guilt and culpability, and that a judge may absolve the offender from punishment, wholly or partially, when doing so would further societal goals such as rehabilitation or deterrence.
Example: A person is found guilty of stealing from a store. According to minimalist retributivism, the punishment should be based on the fact that the person committed the crime and is morally accountable for their actions. However, if the judge believes that the offender is genuinely remorseful and is unlikely to commit the crime again, they may absolve the offender from punishment or reduce the sentence to further the goal of rehabilitation.
This example illustrates how minimalist retributivism focuses on the offender's guilt and culpability, rather than solely on the punishment's consequences. It also shows how a judge can use their discretion to balance the goals of punishment and societal welfare.