What is retribution as an aim of criminal law?

Recall questions on the aims of the criminal law, including retribution, deterrence, rehabilitation, incapacitation and reparation, and on the principles of legality, maximum certainty, autonomy, fair labelling, correspondence and the harm principle.

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Key term

What is actus reus, and how can it be satisfied by an act or an omission?

Key term

How do recklessness and negligence differ as forms of fault?

Questions from this subtopic

Each one with the model answer underneath.

1
What is retribution as an aim of criminal law?
Model answer
Retribution focuses on punishing offenders because they deserve it, in proportion to the harm caused.
2
What is rehabilitation as an aim of criminal law?
Model answer
Rehabilitation focuses on reforming offenders so they do not reoffend, through education, treatment, or support.
3
What is incapacitation as an aim of criminal law?
Model answer
Incapacitation seeks to protect the public by removing the offender's ability to commit further crimes, typically through imprisonment.
4
What is reparation as an aim of criminal law?
Model answer
Reparation focuses on the offender making amends to the victim or community for the harm caused.
5
What does the correspondence principle require?
Model answer
It requires that the mens rea of an offence should correspond to the actus reus, so the defendant's mental state relates to the harm actually caused.
6
What does the principle of maximum certainty require?
Model answer
It requires that criminal offences should be defined with sufficient clarity so that individuals can know in advance what conduct is prohibited.

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Royal Assent has not been refused since 1708.

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