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Critical response essay (Example)

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 Retributivism and Consequentialism Name Institutional Affiliation Retributivism and Consequentialism The justification for punishment has been a subject of debate throughout the course of history. In the same line legal theorists have always endeavored to find reasons that can justify the forceful authority of the law against the offenders. On the other hand different theories and philosophies have been developed to demystify the subject of punishment. Among them is the consequentialism theory that justifies punishment based on outcomes. On the other hand the retributivism theory justifies punishment where it is warranted. Accordingly this paper will review the characteristics and critiques of both retributivism and consequentialism theories and compare how well they are matched with the aspect of plea bargaining. According to Duff (2001) the consequentialism theory justifies punishment in terms of its contingently beneficial impacts. On the other hand pure consequentialism justifies punishment solely on the associated consequences. In other they have not committed and probably be punished undeservingly. In the same line free bargaining may overrule the concept of proportionality in cases where settlements are made outside the court; making the offender receive a lesser punishment or go unpunished. In conclusion while consequentialism justifies punishment by outcomes or utility the retributivism justification for punishment is based on the offense. Consequently critics of consequentialism argue that the justification lacks morality and the rational use of human science in crime prevention. Conversely retributivism is criticized on the basis of imprecision. Nonetheless both theories uphold punishment for criminal offenses. As such they conflict with the plea bargain; which more often than not undermines the need for punishment. References Alkon C. (2010). Plea bargaining as a legal transplant: A good idea for troubled criminal justice systems. Transnat'l L. & Contemp. Probs.  19 355. Duff A. (2001). Punishment communication and community. Oxford University Press USA. [...]

Order Description:

please read the instruction before biding. this is a 2 part assignment a1000 words each for a total of a 2000 words

Subject Area: Law

Document Type: Reports

This project has already been completed by one of the Studybay experts. The client rated this project:

Project's rating is 5/5

Price $80

Words 2200

Pages 8

Completed in 23 days

Expert Carkim G

Client Review

great writer

Positive
03.23.2018

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