How Can A Retributive Justice System That Prioritizes Proportionality And Desert Reconcile The Moral Intuition That An Offender's Past Good Deeds Or Charitable Actions Should Mitigate Their Punishment, With The Concern That Allowing Such Considerations Could Undermine The Principle Of Just Deserts And Create Inconsistent Sentencing Outcomes?

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To reconcile the consideration of an offender's past good deeds within a retributive justice system, the following structured approach is proposed:

  1. Principles of Retributive Justice: The system should maintain its core principles of proportionality and desert, ensuring that punishment reflects the severity of the crime.

  2. Mitigating Factors: Past good deeds or charitable actions can be recognized as mitigating factors during sentencing. These factors should be clearly defined and applied consistently to avoid inconsistency and ensure fairness.

  3. Guidelines and Limits: Establish specific guidelines on the types of good deeds that can be considered and the maximum allowable reduction in punishment. This prevents arbitrary application and maintains proportionality.

  4. Legal Framework Integration: Incorporate these mitigating factors into existing legal frameworks, similar to how other factors like mental state or cooperation are considered. This ensures the system remains structured and coherent.

  5. Consistency in Sentencing: Training for judges and legal professionals can help ensure that mitigating factors are evaluated uniformly, reducing the risk of inconsistent outcomes.

  6. Balancing Retribution and Rehabilitation: Acknowledge that considering good deeds may blend retributive and rehabilitative approaches, but this can enhance justice by recognizing an offender's potential for positive contribution.

  7. Avoid Incentivization: Ensure that the consideration of good deeds does not inadvertently encourage individuals to engage in such actions solely for leniency.

By implementing these measures, the justice system can honor the principles of retributive justice while considering the broader context of an offender's actions, leading to a more nuanced and just outcome.