1. Proportionality: The punishment should be proportional to the seriousness of the offense committed.
2. Just deserts: The punishment should be based on the moral culpability of the offender, taking into account factors such as intent and harm caused.
3. Equality: Similar offenders should receive similar punishments for similar offenses in order to maintain consistency and fairness in the justice system.
4. Neutrality: The punishment should be impartial and not influenced by personal biases, prejudices, or extraneous factors.
5. Public protection: The punishment should prioritize the protection of the public from further harm by the offender.
6. Rehabilitation: While retribution is a primary goal, the courts may also consider the potential for rehabilitation of the offender in determining the appropriate punishment.
7. Restorative justice: In some cases, the courts may consider restorative justice approaches, such as restitution to victims or community service, as part of the sentencing process.
Identity the retributive guidelines which the courts in the sentencing process in order to restore the disturbed legal balance
1 answer
1 answer