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Legal Definitions - retributive danger
Definition of retributive danger
Retributive danger refers to the specific risk of harm or injury that a person faces because another individual or group seeks to punish, retaliate against, or exact revenge upon them for a perceived wrong, action, or testimony. This danger stems directly from the desire for retribution, meaning to "get back at" someone for something they have done.
Example 1: Witness in a Criminal Trial
Imagine a key witness who provides crucial testimony that leads to the conviction of a powerful figure in an organized crime syndicate. After the conviction, the witness might be placed under protective custody because there is a significant retributive danger. This danger arises because the crime syndicate's remaining members or associates might seek revenge or punishment against the witness for their role in sending their leader to prison. The threat is not random; it is a direct consequence of the witness's actions against the organization.
Example 2: Corporate Whistleblower
Consider an employee who uncovers and reports widespread financial fraud within a large corporation to regulatory authorities, leading to a major investigation and potential charges against high-ranking executives. This employee, now a whistleblower, could face retributive danger. The executives or others implicated in the fraud might attempt to harm the whistleblower's career, reputation, or even physical safety as a form of punishment for exposing their illegal activities. The danger is a direct response to the whistleblower's actions.
Example 3: Informant Against a Violent Group
Suppose an individual, after leaving a violent extremist group, decides to cooperate with law enforcement by providing information that helps prevent a planned attack and leads to the arrest of several group members. This individual would face substantial retributive danger. The remaining members of the extremist group would likely view this cooperation as a betrayal and seek to punish the informant for their actions, creating a specific and targeted threat of harm.
Simple Definition
Retributive danger refers to the risk that an individual, typically a defendant in a criminal case, may face harm or violence from victims or their associates seeking revenge for alleged offenses. This danger arises from the potential for others to inflict retribution.