Difference Between Deterrence and Retribution

Deterrence vs Retribution
 

Deterrence vs Retribution

Deterrence and Retribution are two legal terms that are often understood to mean one and the same concept, but strictly there is some difference between the two. Deterrence is something that prevents and stops someone from doing something wrong. It prevents him from wrongdoing. On the other hand, retribution is creating and causing pain with an intention behind the act. This is the chief difference between the two legal terms. This article attempts to clarify the difference between deterrence and retribution in depth.

What is Deterrence?

First let us begin with word deterrence. As mentioned above in the introduction, Deterrence is something that prevents and stops someone from doing something wrong. Deterrence cautions the person that has committed an error before not to commit the same wrong again. It sounds a note of caution on the wrongdoer.

The concept of deterrence does not involve sadism. The person will simply be cautioned in the case of deterrence that he will receive the same kind of punishment that he received previously for committing the wrong of a similar nature.

It is interesting to note that deterrence is a kind of lesson to others too in the sense that the doers of wrong are automatically cautioned about the consequences of the wrong. Hence, deterrence is an act of prevention and caution.

What is Retribution?

Retribution is creating and causing pain with an intention behind the act. The person who causes and inflicts pain in others by retribution does it as part of sadism. The doer is sadistic in his approach. Here one can clearly identify a difference between deterrence and retribution because in deterrence the person is cautioned before the wrongdoing. Also, deterrence does not involve sadism.

Retribution is a situation wherein you get even with the offender. Retribution is sometimes considered an act of revenge too in some countries. It is important to believe that retribution affects the victim that is sometimes dead, and it does not directly affects the family members of the dead victim.

As part of summing up the difference between deterrence and retribution, it can be said that the act of retribution is something like becoming even with the felon whereas the act of deterrence is doing something to the felon. Something that is done to the felon is in relation to the prevention of the crime. The difference between the two can be summed up in the following manner.

What is the Difference Between Deterrence and Retribution?

Definitions of Deterrence and Retribution:

Deterrence: Deterrence is something that prevents and stops someone from doing something wrong.

Retribution: Retribution is creating and causing pain with an intention behind the act.

Characteristics of Deterrence and Retribution:

Nature:

Deterrence: Deterrence cautions the person that has committed an error before not to commit the same wrong again.

Retribution: The person who causes and inflicts pain in others by retribution does it as part of sadism.

Sadism:

Deterrence: The concept of deterrence does not involve sadism.

Retribution: The doer is sadistic in his approach.

Prevention and Caution:

Deterrence: Deterrence is an act of prevention and caution.

Retribution: Retribution is not an act of caution. It is an act of revenge.

Image Courtesy:

1. “Coldbath-fields-oakum-room-mayhew-p301” by Google scan of 1864 book by Henry Mayhew & John Binny. [Public Domain] via Wikimedia Commons

2. “Chapeltown Stocks” by Austen Redman. [CC BY 2.5] via Wikimedia Commons

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