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The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. The theory of criminal justice has deep connections to other areas of philosophy, such as political philosophy and ethics , as well as to criminal justice in practice.
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims.
Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment.It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes.
Their interests lay in the system of criminal justice and penology and indirectly through the proposition that "man is a calculating animal," in the causes of criminal behavior. The classical school of thought was premised on the idea that people have free will in making decisions, and that punishment can be a deterrent for crime, so long as ...
Restorative justice is an approach to justice that aims to repair the harm done to victims. [1] [2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm.
There are two main goals of deterrence theory. Individual deterrence is the aim of punishment to discourage the offender from criminal acts in the future. The belief is that when punished, offenders recognise the unpleasant consequences of their actions on themselves and will change their behaviour accordingly.
Penology is a subfield of criminology that deals with the philosophy and practice [1] [2] of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.
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