Crime and Punishment

Crime and Punishment, two sides in the eternal carousel. They always haunt the minds of men. The eternal source of inspiration, fear and emotions. who has the right to determine what is sufficient redress? Time of duels and mass shootings is behind us. The world has turned to the struggle to find a way to reintegrate penalized in our ranks. But how far have we come on this way?

We are starting from the crucial theoretical question: whether punishment is generally motivated by inequity aversion or by a desire for reciprocity? An interesting study in Chapter 1. of this book shows that punishment is motivated by a simple desire to reciprocally harm. This would mean that society is punishing to prevent individual revenge and not to restore the balance that has been lost through violating social norms and rights. Ultimately the oldest principle in law is “Eye for an eye.” But, in the chapter two we will pay attention to the views of the profession, from the perspective of Indian Lawyers. There are four mayor legal theories concerning crime and punishment, four possible approaches. But, maybe it is not all in people wanting to break rules, after the theoretical section you will read more about the influence of genetics impacts, the basic assumption of free will in criminal law, it can prove that one’s actions were not motivated by oneself but by hereditary factors. Someone can be said to have acted out of free will. This significantly reduces the space for punishment. Wherever human activity exist there is misconduct. In Chapter 3. researchers are trying to present these rates in Low and Middle-Income countries because the majority of studies is reflecting the problems of high developed states and then transferring conclusions on others. The fact is that each culture carries its own rules. If you want to know this area you have to look into every corner of the world. Chapter 4. presents a new model of Criminal Justice that combines aspects of adversarial, restorative, social, and transformative justice frameworks. The resulting “intersectional criminal justice” offers a holistic harm-reduction model that moves the focus of our criminal justice system away from “rough justice” and towards collective restorative healing. It is not enough just to...