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Crime Analysis Of The Penalty Effect

Posted on:2011-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:L CuiFull Text:PDF
GTID:2166360305457337Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Increasingly severe criminal phenomenon is the problem that all of the countries in the world have to face, which is seriously threat to the people's life and property safety. People take their efforts to seek the best solution to control and prevent the crime. Currently, the penalty prevention is still dominant in the national of system of crime prevention. However, the penalty is a "two-edged sword" for the effect of the penalty, we need to have a clear realization.Effect of penalties is that the state use punitive measures for the national crime prevention results. Penalties should be especially effect which is the ideal place for the pursuit of the realization and the general crime prevention of punishment special purpose, the specific performance of a large decrease in crime, or even completely eliminated, it is generally a model law-abiding person. As awareness of the effect of penalties of the blind worship penalty, imprisonment, torture, and thinking long-occupy the minds of the people, so that severe penalties will help prevent crime conclusions.The findings of criminology show that the effect of the penalty is very limited, as far as people imagined; the penalty is not the only mean of crime prevention. Crime prevention in the criminology is an integrated system including social prevention, psychological prevention, security prevention. Penalty prevention is important, but it is only a part of the crime prevention and the last resort. The effect of the penalties is limited.It is true that the limited effect of the penalty imposed on us, does not contain criminal penalties. Our crime rate has risen, and re-growing crime "strike hard" criminal policy effect proved this.Since penalties effect is limited, why we are so superstitious? It is mainly because of retribution emotional, psychological and utilitarianism inert tendencies and the sentence from a psychological illusion.It is said that effect of penalties is limited, being on the basis of its criminology. Firstly, the crime is a social phenomenon, from the date of the birth of mankind, crime accompanied by on human development. As an inevitable social phenomenon, it can only be used for a means to eradicate futile. Secondly, the findings of modern criminology show that the perpetrator of subjective psychological is not only causes of crime, but it is caused by certain social factors, individual psychological factors and biological factors. And the penalty is only a psychological deterrent against the crime, it is clear that it is limited. Thirdly, research shows that penalty certainty, timeliness and fairness are the most important factors in its effect. In fact, much crimes have not been timely, fair punished, the deterrent effect on the penalty. In addition, criminal Economics Research also shows that the penalty should have economic and blindly increasing the penalty of input sentences imposed, which is a waste of resources, can not achieve the best results in crime prevention. Penalties exist "marginal utility back" theory for the prevention and control of crime.The main types of penalty including death penalty, freedom penalty and property penalties for crime prevention have their drawbacks. The death penalty is the most severe penalty, so it has the greatest deterrent. But the surveys show that the death penalty deterrent is not as large as imagination, and only for certain criminal acts were valid. Freedom penalty in the modern penal system occupies a central position, because of the existence of ills of cross-infection between prisoners and prisons, so it is likely to fall to finish the purposes of corrective. Criminal property, particularly criminal fines, penalties punishments of the trend in, a center to replace free criminal trends, but its existence inequities of drawbacks, the general preventive effect small.
Keywords/Search Tags:Effect, Effect of penalty, Jurisprudence, Doctrine of severepunishment, Criminology, Limited
PDF Full Text Request
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