| 1. REASONS FOR PUNISHMENTA crime is an act committed or omitted (failure to perform a requiredact in violation of public law. The "degree" of a crime denotes aparticular grade of crime more or less culpable than another grade ofthe same offense, the classlficauon of offenses is generallyprovided by statute or Constitution.A. Deterrence 1 General deterrence People are punished in order to instill in non-offenders fear of the consequences of a crime. Deterrence has the following characteristics: a. It is less effective for habitual criminal b It Is more effective for first time offender, c It deters members of the public from crirmnal behavior once they see the consequences suffered by those who commit crimes d it is forward-looking m the sense of prevenung or reducing the incidence of future offensive behavior. e It has a central utilitarian premise that society has the right to take measures that protecl its members from harmful behavior, This premtse remains widely influential today. 2 Special deterrence Special deterrence focuses on the criminal himself and teaches the convict to refrain from crime by instilling in him a fear of punishrnent by society a Special deterrence refers to steps taken to discourage individual offenders from repeaung their misconduct h. rhis theory presupposes that the actor who offends once may desire to commit future violations, but assumes that the costs imposed by the past punishment will deter offenders front repeaung their misconduct |
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