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5 Cards in this Set
- Front
- Back
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Characteristics of punishment |
-punishment is regarded as an injury inflicted by the state on the offender -punishment is regarded as the consequence of crime that has been committed and occurs after a person has been found guilty |
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Punishment must be unpleasant for the person being punished |
-in the past punishment involved physical pain -modern phenology utilise few measures that could cause physical pain -the aim of punishment is no longer to inflict physical pain to an offender but to deprive him from something she/he cherishes -the examples of these punishment such as fines which deprive an offender of his or her possessions -imprisonment which deprives an offender of his freedom -corrective supervision where the person is restricted to his home during periods others have freedom to do whatever the please. |
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Punishment is imposed for a transgression |
The imposing of punishment for transgression ensures the safeguarding of societal value considered being important |
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Punishment is the actiom of a human agent with the necessary judicial authority (power) |
-the authority to punish resides in the state because it is the laws of the state that are transgressed when a crime is committed -the judge and magistrates are ones assigned and give an authority to punish -their task is to execute the and sanction of punishment according to the law |
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Punishment is imposed on the offender who commited an act |
-from penological perspective a person cannot be punished for an act before he/she has been proven guilty for commiting it -the context within which responsibility for an act is considered can be devided into three components namely :- accountability, liability abd culpacity |
