Purposes and Effectiveness of Criminal Sentencing

Purposes and Effectiveness of Criminal Sentencing

The past fifty years have increased international interest in human rights, which resulted in the emergence of human rights laws and a number of international standards to provide guidance to legislators and practitioners in the field of criminal justice. These norms and standards are emerging and dilapidated over the past half-century theories of criminal justice. The theory of restorative justice offers a conceptual framework to reconcile allegedly conflicting and inconsistent rules and standards in the field of criminal justice. Social, psychological, physical or religious factors associated with this crime, are of interest only in connection with the prevention of similar crimes in the future or as an opportunity to offer protection against the accused of criminal charges (Wallace & Roberson, 2012).

Theory of Deterrence

Theory of deterrence is a military strategy emerged during the Cold War. The doctrine of deterrence is based on current laws and criminal justice in almost all countries, by the great success with the ideas of the Classical School. Schema-penalty offense is simple, consistent, and easy to operate: cause - effect. In the theories of prevention, the application of penalties for criminal social control has a special prevention and general prevention. They are linked to particular nuclear weapons, and now occupies a prominent place in U.S. foreign policy regarding the development of nuclear weapons in Iran and North Korea. The term is used generally to refer to the strategic potential conflicts in any field, to inflict damage unacceptable to the aggressor and to confirm the existence of the possibility of such damage or pay to avoid its occurrence (Parenti, 1999).

It is encouraging to a potential offender desist from committing a crime by the threat of punishment that the lead to the conclusion that harms outweigh its expected gains. The two main properties of the sentence are the severity and "certainty". This is precisely the probability of punishment which is measured by the percentage of offenses punished. On the basis of deterrence theory is the assumption that the frequency of offenses and crimes varies inversely with the certainty and severity of punishment (Cullen & Gendreau, 2000).

Theory of Rehabilitation

Rehabilitation is the restoration of good name, honor, reputation, rights, conditions, legal and social status of a person unlawfully and unjustly accused of a crime. In modern society, the legal theory of the term "rehabilitation" is used in various spheres of life and different areas of law governing these areas. In the domestic regulatory and legal acts, we can be find mention of the various types of rehabilitation: environmental, economic, social, medical, professional territorial, cultural, political, psychological, domestic Radiation, legal, and others. At the same time various kinds of rehabilitation are different categories of victims: individuals and legal entities, individual objects or areas of the national territory, social communities, nations and ethnic groups, subjected to external influence, or have received a violation of integrity, which have changed their content or quality condition, victims of man-made, the natural, social or political ...