Legal Definitions - retributive punishment

Retributive punishment is a form of punishment that focuses on ensuring an offender receives a penalty proportionate to the harm caused by their crime. The core principle is that the punishment should fit the crime, often described as "just deserts" or "an eye for an eye." Its primary goal is to hold the offender accountable for their past actions and to satisfy society's sense of justice, rather than primarily aiming to deter future crimes, rehabilitate the offender, or incapacitate them.

Here are some examples illustrating retributive punishment:

• Example 1: Vandalism

  A person is convicted of vandalism after spray-painting graffiti on a public building. The judge orders them to pay a fine that covers the exact cost of cleaning the graffiti and also imposes community service hours specifically dedicated to cleaning public spaces.

  This example illustrates retributive punishment because the penalty (paying for damage, cleaning public spaces) directly relates to the harm caused (damaged property, defaced public space). The punishment is intended to make the offender "pay back" for their specific transgression, satisfying the community's sense that the wrongdoer has received their just deserts for that particular act.

• Example 2: Assault and Battery

  An individual is found guilty of assault and battery after physically harming another person during an argument. The court sentences them to a term of imprisonment.

  This sentence is retributive because the imprisonment serves as a direct consequence for the violent act committed. The primary aim is to punish the individual for the harm they inflicted, reflecting society's judgment that such an act *deserves* a loss of liberty, rather than solely focusing on preventing them from committing future crimes or rehabilitating them.