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6 days ago · Restitution does better than its rivals in avoiding punishments that are excessive or too lenient. It can accommodate the satisfaction of vindictive feelings as a form of debt payment and “getting even” can even play a role in the restoration of the criminal and the victim to their pre-crime status.
The Revised Version correctly renders, "is worthy to die." The sentence actually passed, of fourfold restitution, is exactly in accordance with the Mosaic Law (Exodus 22:1), but the moral turpitude of the offence was far greater than could be atoned for by the legal penalty. Rightly, therefore, David expressed his indignation, and regretted ...
Apr 19, 2016 · Nearly all retributive theories of punishment adopt the following model. Punishments are justified when the wrongdoers receive the punishment they deserve. A deserved punishment is one that is proportionate to the offender’s culpability. Culpability has two components: (1) the severity of the wrong, and (2) the offender’s blameworthiness. The broader aim of this article is to outline an ...
- Tamler Sommers
- tamlers@gmail.com
- 2016
- Problems for Retributivism. We should not underplay the importance of the retributivist revival of the 1970s, but we must also recognize its weaknesses.
- Crimes, Wrongs, and Harms. Before we can talk usefully about criminal punishment, we must talk about crime itself: while it might not be a necessary truth that crime entails punishment, since we could retain a kind of criminal law while doing away with punishment, criminal punishment presupposes crime, as that for which it is imposed.
- Responsibility and Calling to Account. A polity that takes its self-defining values seriously, and that takes its members seriously (a polity, that is, whose members take each other seriously) as citizens who are both bound and protected by those values, cannot ignore violations of those values or the wrongs that citizens do to each other.14 One way in which it takes note of such wrongs is by publicly defining and declaring them as wrongs: this is, I suggested in the previous section, an initial function of criminal law.
- The Meaning and Purpose of Punishment. Although I promised at the start of this essay to defend a robust retributivism, I have not yet said anything, retributivist or otherwise, about the role of punishment in the kind of criminal law sketched in the previous two sections.
Restitution, as a legal concept, embodies the principles of equity and justice. It serves as a means of addressing unjust enrichment and compensating for loss or injury in both civil and criminal cases. The underlying principles of unjust enrichment, vindication of property rights, and restitutionary claims form the basis for the application of ...
Feb 20, 2024 · Restitution is a court-ordered payment made by a convicted offender to the victim (s) of the crime. It is distinct from fines or other penalties imposed upon the offender, as its primary focus is compensating the victim for their tangible and intangible losses. These losses can include medical expenses, property damage, lost wages, and ...
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Restitution is the reversal of a transfer, and so involves undoing not only a gain by a defendant but also a corresponding loss to the plaintiff. In cases of gainful wrongdoing, by contrast, the response is not the reversal of a transfer, but simply gain-stripping from the defendant.
