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Topic: Criminal punishment


In the News (Wed 30 Dec 09)

  
  Infinite Punishment War as Criminal Penalty
War as criminal justice: This is the multiplication and intensification of the death penalty.
Punishment is reprisal: The state, in punishing, stands as the preserver of equity by employing one evil to reestablish justice.
Punishment is deterrence: The punishing state, as the guardian of peace, employs an evil to frighten off potential criminals.
www.thirdworldtraveler.com /Society/Infinite_Punishment.html   (770 words)

  
  Encyclopedia :: encyclopedia : Criminal law   (Site not responding. Last check: 2007-10-19)
Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state.
Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind).
Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law.
www.hallencyclopedia.com /Criminal_law   (567 words)

  
 Legal Punishment (Stanford Encyclopedia of Philosophy)
Legal punishment presupposes crime as that for which punishment is imposed, and a criminal law as that which defines crimes as crimes; and a system of criminal law presupposes a state, which has the political authority to make and enforce the law and to impose punishments.
Punishment, on this view, should aim not merely to communicate censure to the offender, but to persuade the offender to recognise and repent the wrong he has done, and so to recognise the need to reform himself and his future conduct, and to make apologetic reparation to those whom he wronged.
Another question, concerning the preconditions of punishment, is whether those who appear before the criminal courts have been treated as citizens by the polity that now seeks to call them to account for their wrongdoing, and what the implications are if they have not.
plato.stanford.edu /entries/legal-punishment   (4591 words)

  
 CRIMINAL LAW OF THE<BR> PEOPLE'S REPUBLIC OF CHINA
Criminal responsibility shall be borne if justifiable defence exceeds the limits of necessity and causes undue harm; however, consideration shall be given to a mitigated punishment or exemption from punishment.
Criminal responsibility shall be borne if an act committed in an emergency to avert danger exceeds the limits of necessity and causes undue harm; however, consideration shall be given to a mitigated punishment or exemption from punishment.
If the immediate execution of a criminal punishable be death is not deemed necessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the death sentence; the criminal shall undergo reform through labour and the results shall be observed.
www.novexcn.com /criminal_law.html   (8296 words)

  
 Alternative Law Forum - Dealing with Deviance: Criminal Punishment and State Control   (Site not responding. Last check: 2007-10-19)
Criminal punishment by the state also re-establishes and affirms the authority of the state over the citizens of that state and its role as protector of society at large through the pun-ishment of a few.
Punishment follows a ‘legally demonstrated breach of established rules of behav-iour’… This means that the behaviour to be punished, as well as the punishment that behaviour, must be specified in advance.” In ancient India, criminal punishment was believed to have the purpose of preventing repetition of the offence and lawbreaking in general.
Discipline and Punish was subtitled “The Birth of the Prison” and is essentially a historical account of the penal styles of different periods and the evolution of imprisonment as the “general form of modern punishment” in place of violence against the offender’s body in public, for example through quartering, hanging or pillorying.
www.altlawforum.org /Resources/lexlib/devance   (5135 words)

  
 Criminal Punishment at the Old Bailey
The judges had a choice of a wide range of punishments to impose on convicts during this period, though the options were often limited by choices made at earlier stages in the judicial process.
The punishments available in any particular case were thus circumscribed by the legal status of the offence with which the defendant was charged (which in some cases could be influenced by choices made by the victim or the grand jury) and then convicted (offences were often reduced by the petty jury through partial verdicts).
Because the actual punishment a convict received often differed from the original sentence, it is worth searching later sessions by the name of the defendant to see if the sentence was mitigated.
www.oldbaileyonline.org /history/crime/punishment.html   (4017 words)

  
 Selected Legal Provisions of the People's Republic of China Affecting Criminal Justice
Article 5 The degree of punishment shall be commensurate with the crime committed and the criminal responsibility to be borne by the offender.
Article 61 When sentencing a criminal, a punishment shall be meted out on the basis of the facts, nature and circumstances of the crime, the degree of harm done to society and the relevant provisions of this Law.
After commutation, the term of punishment actually to be served by those sentenced to public surveillance, criminal detention or fixed-term imprisonment may not be less than half of the term originally decided; for those sentenced to life imprisonment, it may not be less than 10 years.
www.cecc.gov /pages/newLaws/criminalLawENG.php   (9151 words)

  
 Criminal Defense Lawyers - Criminal Attorneys
Criminal law includes both substantive law, which is addressed in this article, and criminal procedure, which regulates the implementation and enforcement of substantive criminal law.
On the other hand, criminal procedure is concerned with the legal rules followed and the steps taken to investigate, apprehend, charge, prosecute, convict, and sentence to punishment individuals who violate substantive criminal law.
Criminal law seeks to protect the public from harm by inflicting punishment upon those who have already done harm and by threatening with punishment those who are tempted to do harm.
www.law4usa.org /criminal.htm   (1498 words)

  
 Rule of Law Through Technology : Level 4 Page   (Site not responding. Last check: 2007-10-19)
Criminal law of the Republic of Albania shall also be applicable to the Albanian citizen who commits an offence within the territory of another country, when that offence is concurrently punishable, unless a final sentence has been given by a foreign court.
A criminal act is committed because of negligence when the person, although he does not want its consequences, foresees the possibility of their occurrence and with light mindedness attempts to avoid them, or when he does not foresee the consequences, but according to the circumstances, he should and could have foreseen them.
A person does not bear criminal responsibility if, at the time of the commitment of the act, he suffered from psychic or neuropsychic disorders ruining his mental balance entirely and, consequently, was unable either to control his actions or inactions, or to understand the criminal act he was committing.
pbosnia.kentlaw.edu /resources/legal/albania/crim_code.htm   (7184 words)

  
 Punishment for Criminal Offenses
Criminal offenses are considered either felonies or misdemeanors.
The authorized punishments for conviction of a felony are:
The authorized punishments for conviction of a misdemeanor are:
www.abc.state.va.us /facts/punish.html   (238 words)

  
 Rethinking Vicarious Criminal Liability: Corporate Culpability for White-Collar Crime
Thus, imposing criminal punishment on a corporation for the actions of its employees, rather than exclusively on the employees themselves, is actually punishing shareholders who are innocent of wrongdoing.
Under federal law, a corporation is criminally responsible for the actions of any of its employees taken within the scope of their employment for the benefit of the corporation.
Under the present standard of corporate criminal responsibility, whenever one of its employees comes under suspicion of criminal wrongdoing, the corporation faces the stark choice of either betting the company’s future that the employee will be exonerated or doing whatever DOJ demands to avoid corporate indictment.
www.heritage.org /Research/LegalIssues/wm1195.cfm   (1554 words)

  
 Punishment for Criminal Offenses
Criminal offenses are considered either felonies or misdemeanors.
The authorized punishments for conviction of a felony are:
The authorized punishments for conviction of a misdemeanor are:
www.abc.virginia.gov /facts/punish.html   (238 words)

  
 Criminal Punishment   (Site not responding. Last check: 2007-10-19)
While it's fairly obvious that imposing the death penalty on someone convicted of a first time burglary is almost certainly cruel and unusual punishment, the courts have allowed persons with multiple convictions for non-violent crimes such as writing bad checks to be sentenced to life in prison without parole as habitual offenders.
Not every person convicted of a crime is eligible for probation; the court considers such factors as the severity of the crime, the previous history of the convicted criminal, and the potential for rehabilitation of the convict.
As with probation, not every convicted criminal is eligible for parole; those convicted of first degree or capital murder (the worst types of killing), and those who are found to be habitual criminals are commonly ineligible for parole.
www.uslaw.com /us_law_article.php?a=249   (870 words)

  
 Theories of Criminal Punishment - WARBUCKET FORUMS
This means that we are punishing them because the harm caused by the punishment is outweighed by a greater good, for society, or even for the criminal himself.
The goal is to inflict an equal amount of pain on the criminal as was inflicted on society as a whole by his or her actions.
To mitigate a sentence for some external factor essentially says to the criminal "you are not truly a free agent" which violates his or her "right" to be punished and attone for his crime.
www.warbucket.com /ibforums/index.php?showtopic=20975   (1766 words)

  
 Bureau of Justice Statistics Publications Alphabetical Listing
Criminal Victimization in the United States, Presents 110 tables with detailed data on major variables measured by the National Crime Victimization Survey (NCVS).
Summarizes the results from a study that documents crime and criminal punishment trends from 1981 to 1999 in eight countries: Australia, Canada, England, the Netherlands, Scotland, Sweden, Switzerland, and the United States.
Describes juvenile offenders processed in the Federal criminal justice system, including the number of juveniles charged with acts of delinquency, the offenses for which they were charged, the proportion adjudicated delinquent, and the sanctions imposed.
www.ojp.usdoj.gov /bjs/pubalp2.htm   (9618 words)

  
 Criminal Punishment Code Scoresheet Preparation Manual   (Site not responding. Last check: 2007-10-19)
This manual was prepared to assist in the completion of criminal code scoresheets under the 1998 Florida Criminal Punishment Code.
A criminal code scoresheet is required for all felonies subject to the Criminal Punishment Code.
The 1998 Florida Criminal Punishment Code applies to sentencing for all felonies, except capital felonies, committed on or after October 1, 1998.
www.dc.state.fl.us /pub/sen_cpcm/index.html   (114 words)

  
 United States Human Rights Network - Criminal Punishment Caucus   (Site not responding. Last check: 2007-10-19)
The US Human Rights Network Criminal Punishment Caucus (CPC) addresses a variety of criminal punishment issues that low-income communities and communities of color face on a daily basis, ranging from police brutality, ineffective assistance of counsel, incarceration to post-incarceration penalties (i.e.
The current mandate of CPC is to increase public understanding of human rights domestically as it applies to issues of criminal punishment, and support within a human rights framework the current initiatives of formally incarcerated people.
Families and communities that are disproportionately poor and of color suffer the costs of criminalization and incarceration without the resources needed to prevent criminal behavior or help former inmates successfully re-enter society.
ushrnetwork.org /page152.cfm   (1008 words)

  
 Darren T. Kavinoky, California Criminal Defense Lawyer - DUI - Punishment in Criminal Court
The punishment that the court can impose is set by statute, but can result in up to one year in county jail for misdemeanor DUI, or even several years in state prison for felony DUI.
These include having prior convictions for DUI or related offenses, speeding while D.U.I., having a child in the car, having a blood alcohol level that is.20 or higher, or refusing to submit to a chemical test.
Any punishment imposed by the court is separate from the license suspension or revocation by the DMV.
www.nocuffs.com /dui/punishment.html   (598 words)

  
 United States Human Rights Network - Criminal Punishment Caucus   (Site not responding. Last check: 2007-10-19)
The US Human Rights Network Criminal Punishment Caucus (CPC) addresses a variety of criminal punishment issues that low-income communities and communities of color face on a daily basis, ranging from police brutality, ineffective assistance of counsel, incarceration to post-incarceration penalties (i.e.
The CPC takes its leadership from people who are caught in or have experienced the Prison Industrial Complex, and is composed in large part of service providers, lawyers, artists, policy advocates, and academics.
The current mandate of CPC is to increase public understanding of human rights domestically as it applies to issues of criminal punishment, and support within a human rights framework the current initiatives of formally incarcerated people.
www.ushrnetwork.org /page152.cfm   (141 words)

  
 Texas Legislature Online - Bills By Subject   (Site not responding. Last check: 2007-10-19)
HB 1373   Author: Jones, Jesse Sponsor: none Last Action: 02/22/2005 H Referred to Criminal Jurisprudence Relating to the punishment for the offense of burglary of vehicles.
HB 1886   Author: Haggerty Sponsor: none Last Action: 03/14/2005 H Referred to Criminal Jurisprudence Relating to the imposition of community supervision on a defendant convicted of a state jail felony.
SB 1761   Author: Gallegos Sponsor: none Last Action: 03/30/2005 S Referred to Criminal Justice Relating to the punishment for the offense of theft committed during a natural disaster.
www.capitol.state.tx.us /tlo/reports/subject/79R/I0205.HTM   (5681 words)

  
 Reviews of 'Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe'
Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe
Anyone who pays attention to the criminal justice systems in America and in other Western democracies knows that the U.S. as a whole is more punitive in its responses to lawbreaking than any similar society.
He confronts the brutal fact that we punish more harshly in the United States than do Europeans and forces us to think about the questions of social structure that lie behind this practice.
www.usingenglish.com /amazon/us/reviews/019518260X.html   (316 words)

  
 Book: Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe - UsingEnglish.com
When the State Kills: Capital Punishment and the American Condition
The Prison and the Gallows: The Politics of Mass Incarceration in America (Cambridge Studies in Criminology)
No guarantees are made as to accuracy of prices and information.
www.usingenglish.com /amazon/us/019518260X.html   (171 words)

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