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Sentencing and penology law - Essay Example

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Punishment can never be administered merely as a means for promoting another Good, either with regard to the Criminal himself or to Civil Society, but must in all cases be imposed only because the individual on whom it is inflicted has committed a crime (Kant, 68).
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Sentencing and penology law
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Download file to see previous pages 175 in particular. Corlett argues that Kant’s theory does advocate for fairness and human dignity (61). Shoham, Beck and Kett’s examination of Kant’s theory of punishment in International Handbook of Penology and Criminal Justice is very instructive and intuitive and will be relied on it to a greater extent than the others. Kant’s theory is interpreted to mean that if society does not punish offenders, society is complicit in the crime…see pp 384-385 for further discussion.
Another relevant area of study is the general theory of punishment in the field of criminology: Look at the deterrent principle and how it development as a discipline in criminology see Cragg’s The Practice of Punishment: Towards a Theory of Restorative Justice, beginning at p. 42. Also note Braithwaite’s theory of punishment as expressed in Not Just Deserts: A Republican Theory of Criminal Justice and the move away from deterrence. Use Lord Dennings quote as a lead-in:
Lead into the move toward rehabilitative justice as opposed to retribution and deterrence as theories of punishment. See Gaines and Miller Criminal Justice in Action: The Core beginning at p. 259. See also Tonry’s Sentencing Matters on the move away from rehabilitative justice (190 onward). Braitwaite’s discussion on restorative justice in Restorative Justice and Therapeutic Jurisprudence 244-262 should also be incorporated into this section to demonstrate the principles of sentencing and developing theories of punishment. Also tie in Walgrave and Aertsen’s Reintegrative Shaming and Restorative Justice and Bandura’s Mechanishms of Moral Disengagement for arguments in favor of restorative justice as a means of demonstrating that Kant’s theory of punishment is not conducive to the aims and objective of criminal justice. Also look at Austin’s Using Early Release to Relive Prison Crowding: A Dilemma in Public Policy to demonstrate that Kant’s theory of punishment is ...Download file to see next pagesRead More
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