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Under the just desert theory the punishment should be the same for all people who commit the same crime.
Arguments in favor of just desert
Simons (2000) makes a persuasive argument for just desert punishment presenting three somewhat concrete arguments in favor of just desert. The first argument is that the theory is fair to the offender in that the punishment fits the crime; same punishment of all offenders for the same crime, etc. The model does not allow punishment of the innocent in order to serve a large social good which is referred to as the utilitarian theory. Just desert does not authorize selecting a criminal for particularly cruel punishment by lottery or some other random drawing, even if this would expend fewer overall social resources than imposing lower and proportionate punishment on all similar offenders, which is referred to as the consequentiality theory...
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