Which of the following is the most likely reason for a court to require an offender to forfeit assets?
(A) Caution
(B) Discretion
(C) Retribution
(D) Rehabilitation - HSC - SSCE Legal Studies - Question 12 - 2013 - Paper 1
Question 12
Which of the following is the most likely reason for a court to require an offender to forfeit assets?
(A) Caution
(B) Discretion
(C) Retribution
(D) Rehabilitat... show full transcript
Worked Solution & Example Answer:Which of the following is the most likely reason for a court to require an offender to forfeit assets?
(A) Caution
(B) Discretion
(C) Retribution
(D) Rehabilitation - HSC - SSCE Legal Studies - Question 12 - 2013 - Paper 1
Step 1
Most likely reason for a court to require an offender to forfeit assets?
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Answer
The most likely reason for a court to require an offender to forfeit assets is based upon the principle of retribution. This concept asserts that punishment should be proportionate to the crime committed. Forfeiting assets serves as a form of punishment as it aims to eliminate any gains obtained from illegal activities, thereby satisfying the moral and social need for justice. While caution, discretion, and rehabilitation play roles in the judicial system, they do not directly justify asset forfeiture in the same explicit manner as retribution does.