The Personal Dangerousness And Influence To Sentencing

Personal dangerousness is the cornerstone of modern school. It generated from the criticism between New School and Old School. It has great significance. It is the first empirical study of methods to introduce the study of criminal law, achieved by the transformation of behavior to the perpetrator of the proposed penalty individualized thoughts. Because the theory is not perfect, personal dangerousness theory has been controversial.In this paper, we first use literature search, historical research methods, comparative analysis and so on. The full text is divided into three parts. The first section is an overview of Personal dangerousness. This part defines the conception of personal dangerousness in criminal law, and explained its historical evolution. Personal Dangerousness of the criminal law refers in the broad sense, including perpetrator and the one who into the criminal justice process has been placed on the behavior of people.The second section is the manifestation of personal dangerousness in the criminal law. The implementation of crime is the behavior of people. Personal Dangerousness is to investigate the perpetrators of the important factor. The penalty can not be separated from personal dangerousness. It is reflected in the conviction and sentencing. It reflected in the subject and the subjective in conviction, and reflected in the plot reflects the dangerousness of the sentencing factors, and some neutral in sentencing.The third section focuses on the influence of personal dangerousness to sentencing. Sentencing is an important part in the criminal law which contains personal dangerousness. Personal dangerousness plays a supporting role in the sentencing. This paper proposed to introduce personality investigation system. It can correct and scientific conclusion in order to provide information for judger in sentencing.