Lehrstücke in Solidarität

The Right to Be Punished

“…Other less common but acceptable punishments include public service (travail d'inte´reˆt ge´ne´ral). 43 The constitutional questions relate both to the idea of capital penalty and to the methods used in its execution, including electricity, 44 hanging, 45 firing squad, 46 and lethal gas or injection. In Britain the capital penalty was abolished by statute in 1965 in relation to homicide.…”

“…But having no prospective considerations at all, retribution does not try to deter, rehabilitate, or incapacitate the delinquent capabilities of the offender. 43 Deterrence is discussed below at paragraph 2.2, rehabilitation is discussed below at paragraph 2.3 and incapacitation is discussed below at paragraph 2.4. It examines the factual components of the offense narrowly, to the exclusion of the wide social considerations of punishment and sentencing.…”

“…43 punishment reaches the maximum limit, no harsher punishment can be legally imposed on the offender and the deterrent value of the punishment continues to diminish. 43 punishment reaches the maximum limit, no harsher punishment can be legally imposed on the offender and the deterrent value of the punishment continues to diminish.…”

“…43 From these legal systems flogging spread worldwide. In early Mesopotamian law flogging was considered a mild punishment.…”

“…44 At first the abolition affected only criminal law, but later it also included disciplinary proceedings. 43 Law 202 of the Code of Hammurabi (L. W. King trans.) 43 Law 202 of the Code of Hammurabi (L. W. King trans.)…”