... justification for deliberately imposing suffering on certain members of society. Justification has been suggested by two conflicting thoughts. These are 'retributive theory' and 'utilitarian theory'. Central to retributive theory are the notions of merit and desert. We think that people should receive what they deserve. This means that people who work hard deserve the fruits of their labour, while those who break the rules deserve to be punished. The idea has a long history in the criminal justice system. Cesare Beccaria (1764) first introduced the idea during the 18th century. He proposed that them who commit crime deserve to be punished, yet the amount of punishment should be proportionate to the degree of wrongdoing; it should not exceed that which was necessary to ensure that the criminal did not re-offend and that punishments should be visible (Jones, 2003, 95:3). In relation to the deterrent effect of punishment, Kant (1887:195) stated that ...

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