PHIL 316 Chapter Notes - Chapter Kadish: Retributive Justice, Homicide, Signify

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Kadish; the criminal law and the luck of the draw. According to kadish, reducing punishments in all cases just because no harm occurs makes no sense in terms of the purpose of punishment to identify dangerous behavior and to prevent its perpetrators from repeating it. It doesn"t make sense to punish attempted and completed crimes differently when the goal of the law is to deter others from committing the crime. Kadish makes the claim that what you deserve is a function of what you choose. It may be that a person would not have had occasion to make a choice that revealed their badness if they had better luck. Regardless of the outcome, that person still made a choice, and the intent for harm was present just as it would be even if the action that intended to inflict harm failed. For this reason, kadish believes that these intentions and choices in themselves should be what incites punishment.

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