Discuss retribution as an objective of punishment in view of relevant south African court cases
Retribution is one of the objectives of punishment in the criminal justice system, which involves punishing offenders as a form of moral retribution for their crimes. The idea behind retribution is that offenders deserve to be punished for their wrongful actions in order to pay for their crimes and restore a sense of justice in society.
In South Africa, retribution as an objective of punishment has been upheld by the courts in various cases. One notable case is the State v. Makwanyane and Mchunu (1995), where the South African Constitutional Court upheld the death penalty as a form of retribution for the most serious crimes. However, in the same case, the court ultimately ruled that the death penalty was unconstitutional, reflecting a shift towards a more rehabilitative approach to punishment in the country.
Another important case that reflects the principle of retribution in punishment is the State v. T Makwanyane (1995), where the court acknowledged that punishment should reflect the seriousness of the crime and the culpability of the offender. This case highlighted the need for a balanced approach to punishment, taking into account the need for retribution while also considering rehabilitation and deterrence.
In conclusion, retribution as an objective of punishment plays a significant role in the South African criminal justice system, as reflected in various court cases. While the country has moved towards more rehabilitative approaches to punishment in recent years, retribution remains an important consideration in sentencing offenders and ensuring justice is served.