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The concepts of desert and justice play a central role in Kant’s theory, and they are applied in a way that rules out the possibility of justifying the punishment of innocents. Since an innocent person does not deserve to be punished, a Kantian is not committed to punishing an innocent person, and since it seems to some that utilitarians are committed to punishing innocents (or participating in the punishment of innocents) in certain circumstances, Kant’s theory may seem to be superior in this respect. Recall that the failure to take desert and justice into consideration is thought by many to be a major problem with utilitarian theory. However, while Kantian theory may seem superior because it takes desert and justice into account, an influential criticism of the theory challenges the idea that punishment can be justified on the grounds of justice and desert without requiring that the balance of happiness over unhappiness be taken into account.