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Write 1 page essay on the topic SOC 331 week 5 discussions.Application of an umbrella cover of distributive justice is seen to be in violation of certain clauses of the constitution like the eighth am
Write 1 page essay on the topic SOC 331 week 5 discussions.
Application of an umbrella cover of distributive justice is seen to be in violation of certain clauses of the constitution like the eighth amendment, which prohibits cruel and unusual punishment (Dreisbach, 2013).
Drawing inference from the case of Miller v. Alabama, the application of retributive justice demanded the Miller,
a fourteen year old boy be tried with the charges of arson and capital crime in the same capacity as an adult. The application of retributive justice does not consider an individuals mental status when committing a crime, thus proposes a blanket cover with which justice is administered equally for equal crime. Application of a mandatory life without parole that is applicable in distributive justice can thus be said to be unjust, as it does not give opportunity for the offender to be cross-examined to ascertain the real intentions of committing a crime (Dreisbach, 2013).
According to the constitution, application of retributive justice is significant as it is based on ensuring that commitment of crimes of the same nature like the one that attracted a capital punishment will prevent commitment of future crimes by the potential offenders. Severe punishment acts as psychological negative stimulant to avoidance of the crime. Nevertheless, application of retributive justice will infringe the rights of the citizens especially the juvenile who are life sentenced without parole. These persons will be denied an opportunity for proper development.
Application of retributive justice can be just or unjust depending on the situation when the justice is administered. Taking the situation of Karla Faye Tucker, corrective justice as an alternative theory to retributive justice demands that there should be fair compensation to the offender and the victim of a crime without gain for either side. Nevertheless, the victim of Karla had died and could not be compensated. In this regard, corrective justice requires correctional measures to be taken