Sentencing Discretion and Punishments: Philosophies, Practices, and Perspectives in Criminal Justice Systems

  • Priyanka Prasad
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  • Priyanka Prasad

    Research Scholar at School of Indian Legal Thought, Mahatma Gandhi University, Kottayam, Kerala, India

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This article explores the concept of sentencing as a method of law enforcement by the State, which serves as a mechanism to impose punishment for those who commit crimes. It delves into the philosophical underpinnings of legal sanctions, highlighting the role of the State as the protector of societal order and the guarantor of equality rights, as enshrined in the Indian Constitution. The article further categorizes crimes and punishments, drawing on the works of Durkheim, Bentham, and other theorists to understand the societal reaction to crime and the objectives of criminal punishment. It discusses various theories of punishment, including deterrent, retributive, preventive, reformative, and expiatory theories, and their application in different legal systems around the world, such as the United Kingdom, United States, Australia, South Africa, Canada, Saudi Arabia, Spain, and France. The article also examines ancient penal laws in India and the evolution of sentencing practices. In conclusion, the article argues for a fair, proportionate, and constructive approach to sentencing that considers the needs of the offender, the victim, and society at large, and calls for the implementation of punishment theories in a manner that effectively reduces future crimes and upholds the rule of law.




International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1941 - 1967


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