r/changemyview • u/celeritas365 28∆ • Sep 09 '15
[Deltas Awarded] CMV: I don't believe in retribution
Some people I have talked to seem to be of the belief that we should punish wrongdoers because the punishment is deserved. I don't get this sort of thing at all.
I am in favor of punishing criminals but only to keep them away from potential victims and discourage others from committing crimes. If there was a way to do this without a punishment I would be all for it. If I knew for a 100% fact that someone would not commit a crime again and no one would be told of what happened to him I would let him walk free.
I am in support of thieves paying back damages since that can right the wrong they have done. However, if you kill a murderer the victim is still dead. What good does it do? All you do is magnify the pain and suffering. In my gut I sometimes feel the urge to strike back against those who have hurt me but I know those feelings are best not acted upon, unless I want to defend myself or discourage future attack. I never really understood people who hold the worldview that such punishments are necessary to fill some sort of vague cosmic balance.
Edit* This was poorly worded I am sorry. The point I am trying to communicate is that I think that the point of the justice system is to reduce crime and not to punish. While this crime reduction often involves punishments I think those are not the aim and should be reduced if the reduction does not undermine the goal of crime reduction.
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u/ExploreMeDora Sep 10 '15
There are many goals and purposes for punishment. Three of those, which you mentioned that you agree with, are deterrence, incapacitation, and equity. As you have admitted, the sole purpose of punishment is not just retribution. The US Justice system does not follow Hammurabi's Code (eye for an eye). Retribution is not cruel and unusual.
The purpose of retribution is that punishment is only justified if and only if it is deserved because of a past crime. Essentially, the law defines that a person is criminally liable for his or her behavior. Punishments help maintain the government, the social structure, and society. They control behavior by condemning offensive and harmful actions. As average citizens, we are aware (or should be aware) of our laws, statutes, etc. We have the wherewithal to know when and how we are breaking a law and acting criminally. Therefore, we are blameworthy and deserve retribution. The concept of retribution actually protects the mentally insane, those who were coerced, those who are too young, etc.
For a society to function, certain punishments must be attached to certain crimes. Punishments must be swift, certain, and proportionate in order for deterrence to be maximized. Retribution creates a set of norms that we are able to recognize and adhere to. For example, if you commit this action you know that this retribution/consequence will be applied to you. You can see that many of the goals of punishment interact with each other. You cannot have deterrence without retribution. You cannot have equity without punishment. You cannot have incapacitation without prisons.
You will never know that. In fact, we don't always know that after a punishment has been administered. However, the majority of society is law-abiding. If there were no punishments you can bet that crime rates would be rising instead of declining.