The most promising way to respond to this criticism within a retributive framework is to distinguish two kinds of desert: desert that corresponds to a view about what would be a good outcome, and desert that concerns rights (Hill 1999: 425–426; Berman 2008: 271–281). Dolinko's example concerns the first kind of desert. But insofar as retributive desert presupposes forfeiture of the right not to be punished, it is unsurprising that there should be some agents who have the right to mete it out. Who they are is the subject of the next section.