Balancing Justice: Exploring the Merits and Drawbacks of Retributive and Utilitarian Approaches

Abstract

Retributive The retributive model of justice refers to the negative consequences being at the same level to the crime committed. This model can also be seen as an eye for an eye. Retributive justice and revenge have a lot of similarities. (Leiser 2001)Research has shown that when the crime is more serious , it is more likely to be punished harder rather than in a fair matter. (Konradt, Okimoto, Garbers, & Otte 2020). There are many types of retributive methods. One that was used a lot was capital punishment; this method has been around as far as the 18th century. This punishment is the harshest form of retributive justice. It is used in cases such as murder, rape or treason. There are no serious sources that prove this method works as deterrent. This method also opens the door to more discrimination. Usually black and people of color are given the death penalty as a punishment. This method is also irreversible; which leaves room for a mistake. If the case opens up again and proves the persons innocence, it would be too late to bring them back. Another form of retributive justice would be mandatory sentences. These mandatory sentences are decided by a judge in court. There are a set of rules the judge has to follow in order to get the appropriate sentence this causes for some to receive lenient sentences. These mandatory sentences are causing overcrowding and unfit prison environments. Mass incarceration is a huge issue in the United States. This leaves room for human rights violations; causing more room for more crime within the prisons (Fagan 2016). There is not any evidence available that shows longer sentences to help reduce the amount of crime. It just gives it a chance to welcome more crimes. (Fagan 2016). There forms of retributive justice cause a lot of setbacks. There is no...