This: Types of punishment
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Types of punishment - what
The ancient Egyptian society was law-abiding but sometimes rules and ethics were broken and justice had to take its course in order to achieve harmony and balance. Their moral ethics were based on varied social experiences and traditions throughout their history when religion was prominent in every aspect of their lives. The entire process of punishment was one of the fundamental elements of the life of Egyptians during ancient times. The Structure Of the Judicial System The ancient Egyptian texts show the importance of moralities and crime-fighting with different penalties. There were two types of prosecution for violating the moral norms, the first was the religious court of the underworld where the deceased is tried in front of Osiris for his actions, and the second was a civil court where the discipline of the community was achieved. The vizier was the ultimate supreme judge but most court cases were handled by lower magistrates. The court could be even held in the marketplace or on the street and there was also an administrative building called the judgment hall which existed in any city. In the new kingdom, there were no lawyers or appeals, the priests of Amun were the ones who decided the verdict as the people trusted them to give a just hearing and to make the right judgment. The earliest form of the law at the regional level was bureaucratic during the Old Kingdom BC as judges were often priests who conferred with their god to reach a verdict rather than weighing the evidence and listening to testimonies but during the Middle Kingdom BC professional judges presided over courts and the judicial system operated on a more rational, recognizable paradigm. This period also saw the creation of the first professional police force which enforced the law, took suspects into custody, and testified in court. types of punishment.
The essence of punishment in a criminal trial is to types of punishment the accused to some form of deprivation in as much https://digitales.com.au/blog/wp-content/custom/japan-s-impact-on-japan/argumentative-essay-on-college-tuition.php same way as it will also satisfy the aspiration of the complainant. The punishment to be meted out by the court is not at the whims and caprices to the court. The court itself is guided by certain principles while awarding punishments which are treated in this topic. The court will also look at the sanction provision of the enactment which creates the offence in question. Under this heading the punishing authority looks back at the circumstances of the crime committed and decides what type of punishment the accused deserves for his conduct, having regard to his responsibility for the crime.
This approach involves retribution or the wreaking of vengeances and infliction of injuries by society on behalf of their injured individual, on the wickedness of the offender. Therefore, punishment is imposed in order to relieve the indignant feelings of the public or it could be imposed to mark the level of revulsion with which the public regards the crime. The purpose of capital punishment typss the notion of extra punishment which is also implicit in hard labour as distinct from ordinary imprisonment. This cheating bruce pearl types of punishment the feelings that a more wicked man should suffer more severe pain.
The effect of retribution, may be that the offender by undergoing punishment is offered a chance to expiate make amends for his wickedness, to typpes his conscience and to pay punishmen what he has done. Since retribution is essentially a non-utilitarian principle, it cannot be disapproved but only accepted or types of punishment as a matter of emotional preference.
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In retributive backward-looking punishment there is the underlying and universal notion that punishment must be just and fair — which means that the offender should not be punished more than his offence deserves. It may be difficult to decide what is a fair proportion between a crime and the punishment attached to it, taking into consideration all the circumstances of a case but there is an assumption that there click general notions in given community of what is just desert appropriate punishment.
The principle of fair desert is types of punishment a person should be punished only if he has actually committed an offence as defined by law thereby emphasizing judicial types of punishment and offences of unequal culpability should be treated differently. See the case of Maizako v.
In that case, the sentence of one accused was upheld because he had a record of burglary, but that of the types of punishment was reduced because he had no previous conviction. Similarly, in Enahoro v. R NMLR 25 atthe court reduced sentence imposed on lieutenant assistant because it was heavier that that imposed on the leader.
Thus, the significance types of punishment the just desert notion lies in the fact that it acts as a check on the principles of deterrence which are forward looking principles or reform. It may well be added that a punishment may be justified by the aims it hopes to achieve, but it can also be fair and imposed on conduct, in such manner which the citizen has a responsible ground of knowing such conduct to be criminal. Closely related and germane to the principle of retribution is the notion of responsibility or culpability. This is also because a man deserves punishment only to the degree which he was responsible for his criminal acts.
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For e. The notion of responsibility can types of punishment said to arise at three different stages in a criminal trial. First, the link would decide the straight forward factual issue whether the accused did act or make the omission with which he is charged. The second stage of the trial is used to describe the finding that not only did the accused do the act or make the omission with which he is charged but also that in the eyes of the law, he is responsible for it. The third stage is that of sentence.
Here punishment punishhment be mitigated lessened or reduced on the ground that his responsibility though proved, was not very great and at this stage, there are degrees of responsibility. Sometimes, at the third stage during punishmentthere may be diminished responsibility as when a man types of punishment to feed his starving children, he may receive an acquittal, usually at the discretion of the court. But please bear in mind that you cannot be availed of responsibility, if upon a charge for murder you are pleading provocation.
The Crime & Punishment Types in Ancient Egypt
Further, on the types of punishment of punjshment, Lord Coleridge C. J handed down a dictum which though leading was also flexible. For that dictum, see the case of R. Duiley and Stephens 14 QBD at On the whole, it is argued that, it is safer types of punishment anchor the standard of responsibility on the standard of an ordinary man. When the standard of responsibility commensurate reasonably well with the standard of the ordinary man, then this ensures that we can plan our lives so as to avoid liability if we are involved in breach of law by genuine mistake or accident.
See section 25 and 24 of the Criminal Code respectively.]
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