Revenge is not a "fundamental right", nor is punishment. Justice requires, however, that a criminal make restitution for his crime.
The proper recipient of such restitution is the victim.
In cases of fraud, "loss" is easy to determine and restitution straightforward. One cannot place a dollar value on a human life (or on any fundamental right), though, so in fixing restitution in cases of murder, for example, one must take into account the responsibilities that the victim had to his family and others. (see note)
The individual has the right to defend himself from aggression. He may rightly use only the minimum force necessary to protect his fundamental rights.
The goal of self-defense can never be to take the life of another or to violate his other fundamental rights. (If the force does result, unwittingly, in the death of the aggressor, the responsibility lies with the aggressor.)
The members of a community have the right to be free from people who disrupt their lives and violate their fundamental human rights.
There is no right to revenge or punishment. The only proper way of dealing with people who threaten the well-being of others is ostracism.
The state, as the agent of the people, has the valid power to enforce contracts, (including restitution), to ostracize, and to defend. It does not have a valid power to violate fundamental human rights: to torture, to kill for the sake of killing, to take property for reasons other than restitution or payment for the services of the state. The state does not have the valid power to infringe the right to liberty.
Insofar as convicted criminals are concerned, then, the government has the valid power and the duty to do the following:1. Physically remove dangerous individuals from society; in other words, provide for the ostracism of persons who pose a threat to the rights of citizens
2. Oblige criminals to make restitution to their victims and to the community
3. Establish a scale of restitution
4. Protect the fundamental rights of prisoners
5. Help prisoners prepare for their eventual return to society
The state may act against an individual only when that individual poses some kind of threat to other individuals. For example, in most cases the abuse of drugs by an individual is not a threat to the well-being of others. Drug-taking, therefore, should not per se be punishable by the state.