ADM JUS 2 Lecture Notes - Lecture 8: Consequentialism

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Incarceration is the typical form of punishment in the us for serious crimes: us has highest incarceration rate in the world. Retributivism: just deserts - they deserve punishment, it is backwards looking, "an eye for an eye, you did it and we are punishing you for what you did before. Defendant deserves it because he caused harm to others (killing) Disobedience of legal authority (burning draft card) Assaultive retribution (stephen) vengeance - purest form of retribution. It is morally right to hate criminals because the criminals have harmed society. Since they have hurt society, it is right for society to hurt them back. Protective retribution (morris) - focused on wrongdoer - punish those who have committed crime and who are likely to commit it again. We have laws that constrain us, but we get benefits from these restraints. Those who breach these restraints have received too much benefit and now must assume additional burdens.

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