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In criminal law, Blackstone's ratio (more recently referred to sometimes as Blackstone's formulation) is the idea that: It is better that ten guilty persons escape than that one innocent suffer. [1] as expressed by the English jurist William Blackstone in his seminal work Commentaries on the Laws of England, published in the 1760s.
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.
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.
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
Having been found guilty of corruption and impiety, Socrates and the prosecutor suggested sentences for the punishment of his crimes against the city-state of Athens. Expressing surprise at the few votes required for an acquittal, Socrates joked that he be punished with free meals at the Prytaneum (the city's sacred hearth), an honour usually ...
That is not surprising given that sentencing is a complex process: what sanction is imposed depends on a number of different factors including the offender's age, previous criminal history, whether or not they plead guilty, their perceived level of remorse, and any other mitigating factors.
A man who killed two people near Wichita Falls will not stand trial for capital murder after all, according to court documents. Instead, Daniel Eric Roof, 44, will go to a mental institution.
Philosophically, guilt in criminal law reflects a functioning society and its ability to condemn individuals' actions. It rests fundamentally on a presumption of free will, such as from a compatibilist perspective (as in the U.S.A.), in which individuals choose actions and are, therefore, subjected to the external judgement of the rightness or wrongness of those actions.