ABSTRACT

Crime and punishment are intrinsically interlinked. Retributivists focus on the need for anyone punished to deserve it with no punishment of the innocent under any circumstances. Deterrence claims our response should be set at some amount to deter potential offenders from crime. Rehabilitative proponents argue our response should treat or educate addressing risk factors for future offending so post-punishment there will be less likelihood of reoffending. Crime reduction is a key proxy for evidencing rights protection by means of a unified theory, but it is not the only one. The unified theory of punishment represents an important revision of restorative justice. Restorative justice is often proposed as a format for restorative healing independent of any penal considerations. The restoration of rights is best achieved through the promotion of the idea of the stakeholder society. Stakeholding informs the justification of punitive restoration.