ISBN:
9783642323881
Language:
English
Pages:
1 online resource (248 pages)
Edition:
1st ed.
Parallel Title:
Erscheint auch als
DDC:
345.0772
Keywords:
Punishment -- Philosophy
;
Punishment -- Moral and ethical aspects
;
Electronic books
Abstract:
Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Abstract:
Intro -- The Right to Be Punished -- Modern Doctrinal Sentencing -- Preface -- Contents -- 1: Punishment as Part of Modern Criminal Law Theory -- 1.1 The Origins of Punishment -- 1.2 The Formal Part of Punishment in Modern Criminal Law Theory -- 1.2.1 Punishment as Part of the Structure of the Offense -- 1.2.2 Punishment as an Indication of the Severity of the Offense -- 1.3 The Substantive Integration of Punishment into Criminal Law Theory -- 1.3.1 Applicability of Criminal Law Principles to Punishment -- 1.3.2 Balancing and Completing the Imposition of Criminal Liability -- 2: General Purposes of Punishment -- 2.1 Retribution -- 2.1.1 The Evolution of Retribution in Criminal Law -- 2.1.2 Retribution as a Subjective Pricing of Suffering -- 2.1.3 The Function of Retribution Among the General Purposes of Punishment -- 2.2 Deterrence -- 2.2.1 The Evolution of Deterrence in Criminal Law -- 2.2.2 Deterring the Individual Offender from Recidivism (Individual Deterrence) -- 2.2.3 Deterring Potential Offenders by Punishing the Individual Offender (Public Deterrence) -- 2.2.4 The Function of Deterrence among the General Purposes of Punishment -- 2.3 Rehabilitation -- 2.3.1 The Evolution of Rehabilitation in Criminal Law -- 2.3.2 Rehabilitating Offenders to Prevent Recidivism -- 2.3.3 The Function of Rehabilitation among the General Purposes of Punishment -- 2.4 Incapacitation -- 2.4.1 The Evolution of Incapacitation in Criminal Law -- 2.4.2 Physical Incapacitation of Offenders -- 2.4.3 The Function of Incapacitation among the General Purposes of Punishment -- 2.5 Integration and Comparison of the General Purposes of Punishment -- 3: General Considerations of Punishment -- 3.1 Considering the Impersonal Characteristics (in rem) of the Offense -- 3.1.1 Identifying Impersonal Characteristics -- 3.1.2 Relevance of the General Purposes of Punishment.
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