Legal Definitions - maximalist retributivism

Maximalist retributivism is a legal theory that justifies criminal punishment as long as the offender is morally accountable, regardless of whether deterrence or other good consequences would result. According to this theory, a criminal has a debt to pay to society, which is paid by punishment. The punishment is also sometimes said to be society's act of paying back the criminal for the wrong done.

An example of maximalist retributivism is the death penalty. Supporters of the death penalty argue that it is a just punishment for certain crimes, such as murder, and that the offender deserves to be punished for their actions. They believe that the punishment is necessary to satisfy society's need for justice and to deter others from committing similar crimes.

Another example is mandatory minimum sentencing laws. These laws require judges to impose a minimum sentence for certain crimes, regardless of the circumstances of the case or the offender's background. Supporters of these laws argue that they ensure that offenders receive a punishment that is commensurate with the severity of the crime and that they deter others from committing similar crimes.

These examples illustrate how maximalist retributivism prioritizes punishment over other considerations, such as rehabilitation or deterrence. Supporters of this theory believe that punishment is necessary to satisfy society's need for justice and to hold offenders accountable for their actions.