THEORY OF RETRIBUTION

RETRIBUTION

• RETRIBUTION IS DEFINED AS SOMETHING DONE TO GET BACK AT SOMEONE OR THE ACT OF PUNISHING SOMEONE FOR THEIR ACTIONS.
• AN EXAMPLE OF RETRIBUTION IS WHEN SOMEONE GETS THE DEATH PENALTY FOR COMMITTING MURDER.

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RETRIBUTION AS A PHILOSOPHY

• RETRIBUTION IS BASED ON THE CONCEPT OF LEX TALIONIS (THAT IS, THE LAW OF RETALIATION.)
• THE PRINCIPLE THAT A PERSON WHO HAS INJURED ANOTHER PERSON IS TO BE PENALIZED TO A SIMILAR DEGREE BY THE INJURED PARTY.
•  UNDER RETRIBUTION, BOTH ELEMENTS OF THE CRIME ACTUS REUS (A GUILTY ACT) AND MENS REA (A GUILTY STATE OF MIND). MUST BE PRESENT BEFORE PUNISHMENT CAN BE IMPOSED.

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The Severity of Punishment

The Gravity of

Offence

CRITICISMS OF RETRIBUTION�

• THE PHILOSOPHY IS OUTDATED.
• OFFENDERS NEED TREATMENT RATHER THAN PUNISHMENT; WITHOUT TREATMENT, THE CYCLE OF CRIME WILL CONTINUE UNABATED.

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HISTORY OF RETRIBUTION

• THERE ARE MENTIONS OF THEORY OF RETRIBUTION IN SEVERAL RELIGIOUS TEXTS, INCLUDING THE BIBLE, THE QURAN AND HINDU BHAGAVADGITA.
• IN 451–450 BCE, THE LAW OF TWELVE TABLES ALSO INCLUDES THE THEORY OF RETRIBUTION IN PUNISHMENT SYSTEM.

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REFERENCES

• HTTPS://WWW.BRITANNICA.COM/TOPIC/RETRIBUTIVE-JUSTICE/HISTORY-OF-RETRIBUTION
• HTTPS://EN.WIKIPEDIA.ORG/WIKI/EYE_FOR_AN_EYE
• SUBASH ACHARAYA CRIMINAL LAW (TEXT BOOK)
• HTTPS://CINEB.NET/MOVIE/WATCH-EYE-FOR-AN-EYE-FREE-9641

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Presented by Gaurav