چکیده:
Punishment is a behavioral sanction that, in its nature, is not different from a crime because it limits individual freedoms or violates their rights. Therefore, the application of these limiting or violating behaviors requires justification. Since punishment in response to a crime is one of the pillars of criminal law, each of the schools that have expressed opinions in the field of criminal law has, in some way, attempted to justify punishment. In the view of these schools, the justification of punishment has primarily been based on its objectives, which some have identified based on its future effects and others based on its compensatory capability. Although most of these views fall into one of these two approaches, certain specific characteristics distinguish them from each other, which will be examined in detail.
خلاصه ماشینی:
Journal of Legal Studies of Shiraz University, Volume 1, Number 3, Winter 2009 (Legal Special Issue of the Journal of Social Sciences and Humanities of Shiraz University) Developments of Punishment in the Light of Penal and Criminological Schools Dr. Nasrin Mehara*Shahid Beheshti University Abstract {IBPunishment or penalty is a behavior that has no difference in nature from a crime, because it limits individual freedoms or violates their rights.
From a philosophical perspective, unlike Beccaria, Bentham does not seek to address the concepts of social contract or human rights when justifying punishment; however, like Beccaria, he also recognizes the clarity of laws and fair trial in criminal law, but on a purely profit-oriented basis.
In his view, this institution should only be used as a tool for holding a suspect before trial; however, Beccaria accepts liberty-restricting punishments in the form of exile and considers them applicable to those who have committed a horrific crime and are certainly true criminals.
It is this ideal of reform and treatment that placed individual punishments and attention to the personality of the offender, rather than the severity of the crime, on the agenda of criminal law.
(Mehra, 104-105:1387) The designers of the justice-oriented model, by adopting two general perspectives on punishment, align themselves with the views of Beccaria and his followers: The first approach is fair trial, which generally involves reducing the discretionary powers of criminal justice system officials in the process of adjudication and sentencing; and the second approach is the proportionality of punishment to the crime, which in the justice model is referred to under this latter principle as "meritocratic justice.
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