Why the same crime has such a wide range of punishments?
The range theoretically allows the court to impose a sentence that is appropriate to the circumstances of the crime— age and criminal record of the offender, the presence of aggravating and mitigating factors that affect how the crime is viewed by society.
Should the punishment fit the crime or should the punishment fit the criminal?
Normally punishments fit the crime more than the criminal. Countries have big long lists of minimum and maximum sentances for particular crimes. Within this there is a little leaway dependent upon the state of mind of the criminal, repeat offences and what their motivation was.
How long do you go to jail for 2 murders?
The Letter of the Law The statutes that specifically outlaw second-degree murder will generally contain some discussion of the appropriate punishments for the crime. Usually, this takes the form of a general time period, such as 15 years to life.
What is the punishment for killing a person in India?
A. Murder. The punishment for murder under India’s Penal Code is life imprisonment or death and the person is also liable to a fine.
Does the crime fit the punishment cases?
Nowhere in the U.S. Constitution does is say a punishment must fit the crime. Most state constitutions also have cruel and unusual punishment bans, some of which are more protective of criminal defendants than federal law.)
Is retribution the best form of punishment?
Retribution certainly includes elements of deterrence, incapacitation, and rehabilitation, but it also ensures that the guilty will be punished, the innocent protected, and societal balance restored after being disrupted by crime. Retribution is thus the only appropriate moral justification for punishment.
Why is self defense justifiable?
Self defense is a type of defense to certain criminal charges involving force, like murder. Force likely to cause death or great bodily harm is justified in self-defense only if a person reasonably believes that such force is necessary to prevent death or great bodily harm.
How long would you go to jail for killing someone?
California
Offense | Mandatory sentencing |
---|---|
Second Degree Murder | 15 years to life |
Murder of a law enforcement officer | 25 years to life or life without parole |
First Degree Murder | 25 years to life (35-life if committed with a firearm) |
What is it called when the punishment doesn’t fit the crime?
Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence. However, the judgment of whether a punishment is appropriately severe can vary greatly across cultures and individuals.
Why should crimes be punished?
Specific deterrence prevents crime by frightening an individual defendant with punishment. Incapacitation prevents crime by removing a defendant from society. Rehabilitation prevents crime by altering a defendant’s behavior. Retribution prevents crime by giving victims or society a feeling of avengement.
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