1. REASONS FOR PUNISHMENT
A crime is an act committed or omitted (failure to perform a required
act in violation of public law. The "degree" of a crime denotes a
particular grade of crime more or less culpable than another grade of
the same offense, the classlficauon of offenses is generally
provided 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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