Legal Definitions - retribution

Retribution in criminal law refers to the idea that punishment should be imposed on an offender primarily because they deserve it for the wrong they have committed. It focuses on the concept of "just deserts," meaning the punishment should fit the crime, serving as a form of repayment or societal revenge for the harm caused. Unlike deterrence (which aims to prevent future crimes) or rehabilitation (which aims to reform the offender), retribution looks backward, seeking to balance the scales of justice by inflicting a deserved penalty for a past offense.

• Example 1: Judicial Sentencing

  After a defendant is convicted of a serious assault, the judge imposes a lengthy prison sentence. In the sentencing remarks, the judge states that the sentence is intended to ensure the defendant "pays their debt to society" for the physical and emotional harm inflicted upon the victim, reflecting the community's demand for justice for the specific offense committed. This illustrates retribution because the punishment is imposed primarily as a direct consequence for the past crime, aiming to balance the scales rather than to prevent future crimes or rehabilitate the offender.

• Example 2: Public Demand for Justice

  Following a high-profile case of embezzlement that caused significant financial losses for many small investors, there is widespread public and political pressure for the perpetrator to receive the maximum possible prison sentence and substantial fines. The public discourse often centers on the idea that this individual "deserves" to be punished severely for their greed and the suffering they caused, irrespective of whether such punishment would deter others or reform the individual. This demonstrates retribution as the driving force behind the demand for punishment is the belief that the offender must suffer consequences commensurate with the harm they inflicted.

• Example 3: Victim Impact Statement

  During a victim impact statement in court, a family member of a victim killed by a drunk driver expresses a strong desire for the convicted driver to receive the harshest possible sentence, stating, "They took our loved one's life, and they should lose their freedom for a very long time." This sentiment reflects retribution because the focus is on the offender receiving a punishment that directly corresponds to the gravity of their past action and the suffering caused, fulfilling a sense of repayment for the wrong committed.