Podcast
Questions and Answers
The principle of „an eye for an eye“ means doing to one what they have done to another, it focuses on the material consequences of an ______.
The principle of „an eye for an eye“ means doing to one what they have done to another, it focuses on the material consequences of an ______.
act
In retributive theory, punishment is seen as a form of ______.
In retributive theory, punishment is seen as a form of ______.
reciprocity
The forfeiture rule aligns with the principle that no one can benefit from their own ______ wrongdoing.
The forfeiture rule aligns with the principle that no one can benefit from their own ______ wrongdoing.
criminal
Sef Gonzales brutally killed his parents and sister in a planned attack because he wanted their ______.
Sef Gonzales brutally killed his parents and sister in a planned attack because he wanted their ______.
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Punishment restores the balance of ______ and burdens in a society.
Punishment restores the balance of ______ and burdens in a society.
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The court ruled that a woman convicted of murdering her husband could not claim his ______ insurance proceeds.
The court ruled that a woman convicted of murdering her husband could not claim his ______ insurance proceeds.
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David Hicks was a ______ and after his release, he wrote a book.
David Hicks was a ______ and after his release, he wrote a book.
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Justice must not only take away the criminal's ______ but also should be seen to do so, to ensure public confidence in the legal system.
Justice must not only take away the criminal's ______ but also should be seen to do so, to ensure public confidence in the legal system.
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The community felt that the sentence was too ______ and that it did not reflect the value of Thomas Kelly's life.
The community felt that the sentence was too ______ and that it did not reflect the value of Thomas Kelly's life.
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Confiscation of the Proceeds of Crime is to ensure that the ______ doesn’t gain from their offence.
Confiscation of the Proceeds of Crime is to ensure that the ______ doesn’t gain from their offence.
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Deprives the ______ of freedom of choice proportional to the degree to which the criminal exercised their freedom in the unlawful act.
Deprives the ______ of freedom of choice proportional to the degree to which the criminal exercised their freedom in the unlawful act.
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In retributive theory, putting the scales back into balance is done through erasing the offender’s unfair advantage gained by their offence at the expense of someone ______.
In retributive theory, putting the scales back into balance is done through erasing the offender’s unfair advantage gained by their offence at the expense of someone ______.
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Crimes that do not appear to have a ______ are punished because crime upsets the common good of society.
Crimes that do not appear to have a ______ are punished because crime upsets the common good of society.
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Immanuel Kant was born in the year ______.
Immanuel Kant was born in the year ______.
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The criminal must suffer as the ______ suffered to ensure that the scales of equality and justice between the two are re-established.
The criminal must suffer as the ______ suffered to ensure that the scales of equality and justice between the two are re-established.
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Test whether behavior was wrong, ______ it.
Test whether behavior was wrong, ______ it.
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Study Notes
Restoration of Order and Fairness
- Kieran Loveridge case: initially sentenced to 4 years for killing 18-year-old Thomas Kelly, but sentence was doubled to 10 years after public outcry, highlighting the importance of justice being seen to be done to maintain public confidence in the legal system.
Retributive Theory
- Punishment is seen as a form of reciprocity, aiming to restore balance and fairness in society.
- Two types of reciprocity:
- Strict: "an eye for an eye, a tooth for a tooth" (lex talionis), exemplified in capital punishment (e.g., Sef Gonzales case).
- Proportional: deprives the criminal of freedom of choice proportional to the degree of their unlawful act (e.g., imprisonment).
Forfeiture Rule
- Prevents criminals from gaining financially from their crimes.
- Ensures no one can benefit from their own criminal wrongdoing.
- Examples:
- Cleaver v Mutual Reserve Fund Life Association: murderer cannot claim life insurance proceeds.
- David Hicks: cannot profit from book sales due to Confiscation of the Proceeds of Crime Act.
Goals of Punishment
- Restores balance of benefits and burdens in society.
- Ensures criminals do not gain from their offences.
- Puts the scales back into balance.
Immanuel Kant's Philosophy
- The criminal must suffer as the victim suffered to restore equality and justice.
- Test behavior by universalizing it: if everyone did it, would it be acceptable? (e.g., stealing).
- Punishment is necessary to maintain social order and respect for the law.
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Description
The case of Kieran Loveridge, who assaulted and killed Thomas Kelly, sparked public outrage due to the initial lenient sentence. The sentence was later doubled to 10 years after an appeal, highlighting the importance of justice being seen to be fair. This quiz explores the concept of justice and fairness in the legal system.
