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Paper Topic:

Comparative Criminal Justice Systems

Q1 ) What punishment philosophies does each of these cases represent Describe the major characteristics and functions of these punishment philosophies

The punishment philosophy of retribution or revenge is evidenced by Case 2 . Retribution , which originated from Judeo-Christian tradition is a strict liability theory which , simply stated , mandates that the punishment fit the crime . As our readings reflect , retribution-revenge mandates an eye for an eye . Accordingly , based on this theory , it is perfectly logical that the pick pocket in Case2 have his hand amputated While the intent behind this philosophy is not

deterrence , it would seem logical that those who witness such an event would think twice before committing crimes in Saudi Arabia . There is however a component that serves as a deterrent because of the increase in penalty that Islamic law provides in the event of a relapse . Here , the Saudi Arabian punishment is proper because the perpetrator got what he deserved

Case 1 , is interesting because while the reading suggests that there is not a public consensus in the rankings of the moral gravity of particular types of crime , that is exactly what happened here . The Chinese court had already imposed sentencing which was later reduced as a result of public outcry on the internet . Thus the retributive maxim of Lex talionis is alive and well in the Eastern region . Reduction notwithstanding , this type of punishment falls into the realm of incapacitation . It would be described as incapacitation because the offender is being incarcerated and taken away from the...

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