Saturday, June 22, 2019
Sentencing and penology law Essay Example | Topics and Well Written Essays - 2500 words
Sentencing and penology law - Essay Example175 in particular. Corlett argues that Kants scheme does advocate for fairness and human dignity (61). Shoham, Beck and Ketts examination of Kants theory of punishment in International Handbook of Penology and Criminal rightness is very instructive and intuitive and will be relied on it to a greater extent than the others. Kants theory is interpreted to mean that if society does non punish offenders, society is complicit in the crimesee pp 384-385 for further discussion.Another relevant area of study is the general theory of punishment in the written report of criminology Look at the deterrent principle and how it development as a discipline in criminology see Craggs The Practice of Punishment Towards a surmise of recuperative arbiter, beginning at p. 42. Also note Braithwaites 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 l ead-inLead into the move toward reconstructive 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 Tonrys Sentencing Matters on the move away from rehabilitative justice (190 onward). Braitwaites 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 Aertsens Reintegrative Shaming and Restorative Justice and Banduras Mechanishms of Moral Disengagement for arguments in favor of restorative justice as a means of demonstrating that Kants theory of punishment is not contributory to the aims and objective of criminal justice. Also look at Austins Using Early Release to Relive Prison Crowding A quandary in Public Policy to demonstrate that Kants theory of punishment is
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