Need legal help with the differences and similarities between retribution and incapactation theories

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name 2 differences  and similarities between retribution and incapactation theories?

 I need a reference for this assignment.

Nov 14th, 2015

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People with retribution theories may decide the severity of punishment different from people with incapacitation theories.
For
example, a dishonest stockbroker who stole from pensioners
to support a lavish lifestyle might be punished
severely by someone seeking retribution, but someone
seeking incapacitation might impose a milder punishment,
arranging to keep the stockbroker from ever
working again in Wnance (so he or she could not steal
again).

Another example is with the death penalty.


Please let me know if you need any clarification. I'm always happy to answer your questions.
Nov 14th, 2015

do you have a reference for this

Nov 14th, 2015

Similarities:

(1).  Punishment for wrongdoing must be rational.

(2)  The perpetrator must pay back to society for his/her wrongdoing through a type of punishment.

Differences:

(1.) Different types of punishment are decided by the two theories.

(2) Retribution theory determines punishment independent of past crimes or perpetrator's character.

Incapacitation theory determines punishment based on previous crimes and on perpetrator's character.

Also, in retribution theory, if a perpetrator is insane or mentally ill he or she is not punished.

Reference:
Carlsmith, Kevin M.  (September 16, 2005).  The Roles of Retribution and Utility in determining Punishment.  Journal of Experimental Social Psychology.  Retrieved from http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.189.2328&rep=rep1&type=pdf


Punishment - Theories of Punishment.  (2015).
Retrieved from http://law.jrank.org/pages/9576/Punishment-THEORIES-PUNISHMENT.html


Nov 14th, 2015

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