Even though the geographic distribution of executions poses substantial problems for a retributively
constrained death penalty, irregular patterns are not picked up by the comparative-proportionality inquiry, which involves death sentences and is performed by a court in the direct-review chain.
Thus, like Lee (and me), Frase thinks that Graham leaves open the possibility that in some circumstances a retributively
disproportionate sentence might be saved by a sufficiently compelling utilitarian justification --a possibility that Frase finds regrettable.
58 (2010); Dan Markel, May Minors Be Retributively
Punished After Panetti (and Graham)?
Indeed, Stacy rejects mental and emotional disturbances from his list of mitigating circumstances because, although he admits that these actors may retributively
deserve less punishment, these circumstances increase the consequentialist justification for incapacitation.
This Touchstone adds to the impression that the Act retributively
targets past guilt.
2) The critics of the heuristic insist that: (1) retributive punishment is indistinguishable from revenge; (2) it is a response to evil/violence that repeats the evil/violence it punishes; and (3) a good, loving God does no evil, and so does not respond to evil retributively
Satan is at work in the actions of the criminal, but when the criminal is apprehended, tried, and retributively
punished, society is acting as a lynch mob which is also secretly inspired by Satan.
By restricting himself to a brief advocacy of a broad principle, Harcourt avoids coming to grips with the nitty-gritty but difficult questions of how one can establish a sentencing structure that would allow retributively
relevant factors (such as mitigating and aggravating circumstances) to be taken into account, without simultaneously allowing decision makers to take illegitimate factors into account (predictive and rehabilitative considerations, personal prejudices and individual sentencing philosophies).
, society intentionally inflicts pain and suffering on criminals because they deserve it, but only to the extent they deserve it.
Whether recognition of the political power under the Good Behavior Clause advocated by Prakash and Smith would, in fact, be employed retributively
is, of course, largely beside the point.
8) Even more disturbingly, the simplistic symbolism of Antje Rauwerda's recent reading of the bone people, which interprets Simon as the Pakeha 'whipping boy' for Maori revenge, actually facilitates a justification of his abuse: 'Simon is beaten because he is white; he is beaten for the role he plays in an allegory'; '[t]he abuse the child suffers is, in terms of a postcolonial allegory, retributively
This ancient measure feels right; it is poetically, retributively
, and emotionally just.