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One is only justified in punishing individual offenders on the basis that they deserve punishment, it hence follows only those receiving punishment should deserve it - discussed
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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I would generally agree that one is only justified in punishing individual offenders on the basis that they deserve punishment, it hence follows only those receiving punishment should deserve it. Sentencing practice is that punishment is based not only on the crime and the circumstances of the crime, but also on the aims of the sentencing. A detailed explanation of the effects of aggravating and mitigating circumstances is not appropriate here, a mere appreciation of the consequent individualism that goes into the majority of sentences is sufficient. Exceptions to the norm shall be discussed later. Punishment must meet the needs of both individual and society and there are four competing theories as to why we should punish. The retributive theory looks back to the crime, and punishes because of what has been done. The other three theories, namely deterrence, incapacitation and rehabilitation, look ahead to the consequences of punishment and as...
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