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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.
Punishment can be explained by positive prevention theory to use the criminal justice system to teach people what are the social norms for what is correct, and acts as a reinforcement. Punishment can serve as a means for society to publicly express denunciation of an action as being criminal.
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.
Historical theories were based on the notion that fearful consequences would discourage potential offenders. An example of this principle can be found in the Draconian law of Ancient Greece and the Bloody Code which persisted in Renaissance England, when (at various times) capital punishment was prescribed for over 200 offenses.
Denunciation in the context of sentencing philosophy demonstrates the disapproval of an act by society expressed by the imposition of a punishment. The purpose of denunciation is not so much to punish the offender but to demonstrate to law-abiding citizens that the particular behaviour which is being punished, or denounced, is not acceptable. [1]
Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative ...
Criminal deterrence theory has two possible applications: the first is that punishments imposed on individual offenders will deter or prevent that particular offender from committing further crimes; the second is that public knowledge that certain offences will be punished has a generalised deterrent effect which prevents others from committing ...
The sociology of punishment seeks to understand why and how we punish. Punishment involves the intentional infliction of pain and/or the deprivation of rights and liberties. . Sociologists of punishment usually examine state-sanctioned acts in relation to law-breaking; for instance, why citizens give consent to the legitimation of acts of viole