PROPORTIONATE PUNISHMENT FROM THE VIEW OF DETERRENCE THEORIES OF PUNISHMENT (BY EMPHASIZE ON GERMAN CRIMINAL SENTENCING THEORY)

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GHOLAMHOSEIN ELHAM; MOHAMMADI MOGHANJOGHI FATEMEH

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Journal: PRIVATE LAW STUDIES Year:2012 | Volume:42 | Issue:3 Page(s): 57-72

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Title

PROPORTIONATE PUNISHMENT FROM THE VIEW OF DETERRENCE THEORIES OF PUNISHMENT (BY EMPHASIZE ON GERMAN CRIMINAL SENTENCING THEORY)

Author(s)

GHOLAMHOSEIN ELHAM | MOHAMMADI MOGHANJOGHI FATEMEH | Issue Writer Certificate

Keywords

PURPOSE OF SENTENCINGQ2

PROPORTIONATE SENTENCESQ2

GENERAL DETERRENCEQ2

INDIVIDUAL OR SPECIAL DETERRENCEQ2

POSITIVE GENERAL PREVENTIONQ2

Abstract

The first account of the principles of proportionate sanctions was utilitarian, and was provided over two centuries ago by Cesar Beccaria and Jeremy Bentham. Failure to observe the principles of proportionality in sentencing would be weaken the deterrent function ef punishment. Currently, theory of POSITIVE GENERAL PREVENTION is the dominant theory of punishment in German crirninallaw. This term was constructed in Germany to make a different between traditional term “general deterrence” and “positive general prevention”. This theory emphasizes on positive function of punishment through strengthening the morality, supporting the desired attitudes and ways of behaving, and strengthening the respect and trust in law. The final purpose is crime rate reduction in society.

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APA: Copy

GHOLAMHOSEIN, ELHAM, & MOHAMMADI MOGHANJOGHI, FATEMEH. (2012). PROPORTIONATE PUNISHMENT FROM THE VIEW OF DETERRENCE THEORIES OF PUNISHMENT (BY EMPHASIZE ON GERMAN CRIMINAL SENTENCING THEORY). PRIVATE LAW STUDIES, 42(3), 57-72. SID. https://sid.ir/paper/124845/en

Vancouver: Copy

GHOLAMHOSEIN ELHAM, MOHAMMADI MOGHANJOGHI FATEMEH. PROPORTIONATE PUNISHMENT FROM THE VIEW OF DETERRENCE THEORIES OF PUNISHMENT (BY EMPHASIZE ON GERMAN CRIMINAL SENTENCING THEORY). PRIVATE LAW STUDIES[Internet]. 2012;42(3):57-72. Available from: https://sid.ir/paper/124845/en

IEEE: Copy

ELHAM GHOLAMHOSEIN, and FATEMEH MOHAMMADI MOGHANJOGHI, “PROPORTIONATE PUNISHMENT FROM THE VIEW OF DETERRENCE THEORIES OF PUNISHMENT (BY EMPHASIZE ON GERMAN CRIMINAL SENTENCING THEORY),” PRIVATE LAW STUDIES, vol. 42, no. 3, pp. 57–72, 2012, [Online]. Available: https://sid.ir/paper/124845/en

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