What is Just Desert

Just desert or retributive justice is about meting out punishment that fits the crime. For one's action there is a corresponding reaction.

Just desert is the doctrine of justice - that which a person deserves. It is the consequence of an action done whether good or bad. Retributive justice states that everyone should get what he or she deserves.

Deserts which refer to 'things deserved' has been used in English since at least the 13th century. A quote from a book written in 1599 Warning Faire Women goes: "Upon a pillory - that all the world may see, A just desert for such impiety."

Just Desert Defined

Retributive justice is behind the idea of “just desert”. Simply put, just desert is treating people the way they treat others. It has some biblical connotations as the command “do unto others, what you want others do unto you”.

The main idea of retributive justice revolves around the ideas of merit and desert. Those who work hard should reap what they sow. Those who violate rules should be punished. People should be treated the same way they treat others. Good behavior deserves good treatment.

Immanuel Kant likens just desert to a debt. Citizens of a certain community enjoy the advantages gained from the rules imposed. The principle of fair play states that citizens must do their part to preserve the law. A person who wants the benefits of law without following it and exercising self-control is called a free rider. He gained benefits through unfair advantages and it is the role of the government to impose the rule of law.

Justifications for Just Desert

Just desert applies to past actions. It justifies punishment for any wrongful act or injustice committed. The main idea is that the wrongdoer has done something that gave him undue advantage over the victim, thus just desert or the punishment for such wrongdoing restores the balance of justice.

Those who do not adhere to rules should therefore be meted punishment equal to the violations they committed. Retributive justice is at the heart of several legal proceedings which affect international law, human rights and war crimes.

The justification for retributive or ‘just desert’ approach is that the offender decides to commit a violation therefore deserves punishment. The punishment is seen as the catalyst that would reestablish moral balance by causing pain to the offender for the pain they caused to the victim and the community.

Nature of Penalties

When wrongdoing occurs, someone who deserves certain benefits lost them while another who does not merit benefit acquires them. The nature of penalties under retributive or ‘just deserts’ model implies the following:

Similar offenses should be punished in similar ways and the penalty should be equal to the severity of the offense.
Punishment should be equal to the extent of the offense. Previous violations of the offender should not be taken into consideration in meting out the punishment.
Penalty should be based on proven violations. Proof of offense should be established beyond reasonable doubt.
Just desert or retributive justice is about rewards and punishment depending on the actions of the person.