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Report No. 262

E. Retribution

4.7.1 The theory of retribution focuses on the offence committed and just treatment of the individual, rather than prevention of crime.318 It asserts that blame is made effective through punishing persons who deserve unpleasant consequences on account of some wrongful act that they intentionally and willingly did.319

318 R. Wasserstrom, Some Problems with Theories of Punishment, in Justice And Punishment 189 (J. Cederblom & W. Blizek eds., 1977).

319 Mary Ellen Gale, Retribution, Punishment, and Death, 18 U.C. Davis L. Rev. 973, 999-1000 (1985).

4.7.2 There are two accounts of retributio.- one considers retribution as revenge. The other states that retribution does not demand committing an equivalent act on the offender, as is suggested by the "eye for an eye" philosophy ("mirror punishment"). It rather advocates a measured and appropriate level of punishment for the offender's conduct.320

320 Susan Easton And Christine Piper, Sentencing And Punishment: The Quest For Justice 57 (2012).



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