The fairness of punishment: myth or reality
Journal Title: Юридические науки и образование - Year 2017, Vol 51, Issue 51
Abstract
It is necessity to obey the laws of the state is the foundation and key principle of fairness in society. But it is equally important that the scales of justice are fair and correct, and that the one of who holds them in his hand maintains a balance of weights and does not abuse his position for inappropriate purposes. A fair retribution, i.e. the visible equality between crime and punishment, should represent a line over which the legislator has no right to cross. Crossing this line would mean crossing the boundary between the moral and immoral use of punishment as a means of achieving political and economic goals, and not preventing manifestations of crime. The proportionality between crime and punishment requires, first of all, a requirement for data reporting on the relative severity between various crimes -since the only true measure of crime from the point of view of the legislator is the harm that it brings to the nation. The possibility of the empirical measurement of social danger therefore seems more appropriate at this stage for each particular crime. The current task of the theory of judicial activity is the development of theoretically correct, appropriate and practically implemented indicators by which judges can determine the social danger of crime in order to maximise the individualisation of punishment.
Authors and Affiliations
Ilham Rahimov
Keywords
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- EP ID EP184096
- DOI 10.25108/2304-1730-1749.iolr.2017.51.237-280
- Views 69
- Downloads 0
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